DUAL COMPENSATION CASE OF (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200200018-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 20, 2016
• Document Release Date: April 20, 2001
• Sequence Number: 18
• Publication Date: January 14, 1955
• Content Type: MF

Approved For Release 2006/10/19: CIA-RDP59-00882R00020020001 :. ,
?_4 January 1955
annum" under his contract. Mr. Friend feels this may be compen-
sation on a time basis within the meaning of prior Comptroller
erneral's decisions on dual compensation. Consequently, he se id
he was not able, on his own responsibility, to advise the Army to
25X1 resume payment of 1 - 1pension. He suggested that Mr. Houston
take the question up with Mr. Lyle Fisher, General Counsel of CIAO.
25X1 The I I case could be decided in the context of other similar
case a Agency and determinations made on the general problem.
;SUBJECT . Dual Compensation Case or
1. This supplements my memoranda of 14 and 16 December 1954
on the same subject. I talked today with Mr. Pat Friend in the
General Counsel's office at GAO. Mr. Clyde Gartley, Assistant
Legal Advisor to the Chief of Finance, United States Army, also
was present. The general nature of 's contract and ser-
vices with us was explained. I pointed out that he falls in a
class of individuals who are not considered by the Agency as
employees but rather as independent contractors, and that any
determination to the contrary would have important implications.
Mr. Friend agreed that various circumstances suggest
25X1 does not hold an office or position within the dual com-
p statute. However, he was impressed by the fact that
3. Mr. Gartley stated that iI could appeal the Army's
decision that his disability was not combat incurred. The EE
Division has the proper forms and will advise him to enter such an
appeal. If this appeal is successful,the dual compensation question
will be obviated. Mr. Gartley also stated that an individual in
situation has the alternative of taking disability re-
tirement pay from the Army or of accepting similar benefits from
the Veterans' Administration. These latter are not subject to the
Approved For Release 2006/10/19: CIA-RDP59-00882R000200200018-5
 Approved For Release 2006/10/19: CIA-RDP59-00882R000200200018-5
dual compensation statutes. The EE Division will determine
what benefits would be pa able by the Veterans' Administration.
These are expected to be less than the Pension which the
has been a in
Mr. Gart ey also indicated that
if the GAO determination is unfavorable the normal
procedurel -1 would be to demand repayment of all back
dual compensation.
Approved For Release 2006/10/19: CIA-RDP59-00882R000200200018-5