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B-196261 1 (1980-02-20)

handle is hein.gao/gaobabjfl0001 and id is 1 raw text is: 94tc * COMfilIt1OLLCEI1 iLR.I.AL, CF TI1 IJ41TEr-Ol STATh'1 WAtIIIr.C, ION, D.C. -.t5 In reply refer to; B-196261 February 20, 1980 .9. -I Mr. Leon Bay Pollick P.O Box 833 Standield, Oregon 97875 , ! *. i ' I, , Dear mr. Pollick: We refer to your Thotter of January 2,, 19G3, in which you expressed dissatisfaction with our decision B-196261, November 14, 1979, denyinc, your aipplication for waivor of your debt to the United Statet and with the letter of December 18, 1979, denying your request for reconsideration. You state that you object to our finding partially at fault. Your contention is based within 4 months of the tit.- you cgan to race payratents in question you wre promoted to E-4 pay raise for 3 year-' service and a Navy wiO went into effect. that youl ere on the fact that iv the erroneous , received a pe y Increase In our decision of November 14, 1979, we recognized that the above events did occur. As ve pofinted out on page 2 of that decision, however, even though those ovents did'occur your p.y increased significantly more than you could have reasonably expected. Thus, you should have been on rotice that you were receiving overpayment of some kind. As such, you had an obligation to pursue tle matter until a full explanation was furnished you. The fact that you compared your paycheck with other members of the Navy does not fulfill this obligation since each member's net pay wil Ivary depending upon such factors as number of dependents, allowances,savings deductions and other mandatory and discretiontry allotments. Mareover, it is well\established that a p receiving money erroneousiy paid by a Governme official acquires no right to the money and is make restitution. Rentituion results In no 1 recipient, since he merely received something was never entitled to have in the first place. )erson nt agency liable tri oss to the which he You also contend that waiver should be granhcd as repayment would cause you financial hardship. As we L K wp 4 771 /. or *91 9 # jI • I

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