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B-198956 1 (1980-10-08)

handle is hein.gao/gaobadips0001 and id is 1 raw text is: I THE COMPTROLLER GENERAL DECISION 1OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-198956 DATE: October 8, 1980 MATTER OF: Mr. John R. Mechler DIGEST: Former service member was not entitled to receive flight pay after PCS transfer,. but continued receiving it for many months thereafter. Even though the pay- ments were made due to administrative error and he notified the appropriate service officials of the error, waiver of the debt must be denied. Since he knew of the overpayment, he should have known that repayment would eventually be requested and he was responsible to insure that the-money was set aside for refund on request. In such circumstances, collection is not against equity and good conscience nor contrary to the best interest of the United States. I I This action is in response to a letter from Mr. John R. Mechler, a former member of the United States Air Force, appealing our Claims Division's denial of waiver of his indebtedness to the United States in the amount of $1,233, which arose from erroneous payments of flight pay during the period June 1976 through January 1978. Mr. Mechler, while serving on active duty in the Air Force, apparently was in a status which entitled him to receive flight pay. In June 1976, he was transferred overseas on a permanent change-of-station (PCS) assignment to the United Kingdom, at which time he was no longer in a flight pay status. Due to administrative error the orders originally placing him in the flight pay status were not cancelled at the time of his PCS transfer and 2t flight pay continued to be paid to him untiV anuafe 78. , Mr. Mechler asserted in his original application for waiver that he was not aware of his nonentitlement to receive flight pay after his overseas transfer until he had a routine records review several months after his arrival in the United Kingdom on June 22, 1976. He claims that immediately upon receiving that notice, he notified 74HrP% I

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