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B-247983 1 (1992-08-07)

handle is hein.gao/gaobablgx0001 and id is 1 raw text is: w United States GAO General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-247983 August 7, 1992 Mr. Robert A. Oderkirk Ser 2073N/36 Naval Underwater Systems Center Newport, RI 02841-5047 Dear Mr. Oderkirk: This responds to your February 3, 1992, appeal of our Claims Group's settlement Z-2915742, transmitted here by the Defense Finance and Accounting Service, which denied your request for waiver of overpayment of pay in the amount of $656. The overpayment resulted from your agency erroneously issuing a Standard Form 50 returning you to duty in your civilian position prior to your release from active duty in the Naval Reserve to which you had been called incident to Operation Desert Storm. Upon review of the record, we find no error of law or fact in the Claims Group's action under the waiver authority provided in 5 U.S.C. § 5584. Accordingly, that settlement is affirmed,. We note, however, that you also request that your appeal be considered under section 8138 o:,Pub. L. 102-172, November 26, 1991, 105 Stat. 1150 at 1212, the 1992 appropriations act for the Department of Defense. This provision authorizes the Secretary of Defense, when he considers it to be in the best interest of the United States, to cancel the indebtedness, up to $2,500, of any member or former member of the uniformed services if the indebtedness, as determined by the Secretary, was incurred in connection with Operation Desert Shield/Storm. The authority of the Secretary of Defense to cancel an indebtedness under section 8138 is independent of and separate from our authority to grant waiver, pursuant to which our Claims Group denied waiver, and we have no authority under section 8138. Lieutenant Commander Michael E. Schwartz, B-245773, May 14, 1992. Accordingly, your request for cancellation of your debt under section 8138 is for consideration by the Secretary of Defense. We understand that such requests should be submitted via the Defense Finance and Accounting Service, Washington Center, Washington, D.C. 20376-5001. %-4Aot / C I..i

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