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B-196261 1 (1980-06-25)

handle is hein.gao/gaobacurb0001 and id is 1 raw text is: 

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GAO
United States General Accounting Office
Washington, DC 20548


Office of
General Counsel


In Reply
Refer to:


B-196261


June 25, 1980


Mr. Leon Ray Pollick
P.O. Box 833
Stanfield, Oregon 97875


21


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Dear Mr. Poltick:


     We refer to your letter of May 21, 1980, in which you again  request
reconsideration of Comptroller General decision B-196261, November 14,
1979.  That decision denied your application for a waiver of the
Government's claim against you for the recovery of separate rations
erroneously paid to you for the periods of October 1, 1975, through
March 29, 1976, and April 29, 1976, through June 30, 1976.

     You state that your debt should be waived since within 4 months
of the time you began to receive the erroneous payments in question you
were promoted to E-4, received a pay raise for 3 years' service and a
Navy-wide pay increase went into effect.  In our letter to you of
February 20, 1980, and in our decision of November 14, 1979, we
recognized that the above events did occur.  As we pointed out to you
in our previous correspondence even though those events did occur
your pay increased significantly more than you could have reasonably
expected.  Thus, you should have been on notice that you were receiving
overpayments.  As such, you had an obligation to pursue the matter until
you were furnished a full explanation, and you should have been prepared
to refund the overpayments.  Therefore, as we have previously stated,
you were not without fault so as to permit waiver of your debt.

     You also state that it was not until you received our letter of
May 8, 1980, that you were informed you were erroneously paid separate
rations at the rate of $2.53 per day for 244 days.  In this regard we
would like to point out that the basis for the computation of the
overpayments was explained in the November 14, 1979 decision.

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