About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-182776 1 (1975-06-11)

handle is hein.gao/gaobadcid0001 and id is 1 raw text is: DECISION FILE: B-182776 MATTER DIGEST: THE CiMPTRC..LER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 2054a ATE:- Jpi977 DATE: JUN 1 11975 79o Reconsideration of decision denying waiver of claim of the United.States under 10 U.S.C. 2774 - Lieutenant Colonel Joseph J. Silagy Decision denying waiver of the claim of the United States against a member of the uniformed services who received housing and cost-of-living allowances in the amount of $273 per month after return to United States must be sustained since the amount involved was substantial and member should have realized he was being overpaid not- vithstanding fact that fluctuations occurred in his entitlements. This action is in response to a letter dated February 6, 1975, from Lieutenant Colonel Joseph J. Silagy, USAF, Retired, which in effect requests reconsideration of our decision B-182776, January 17, 1975, which denied his rcquest for waiver of the claim of the United States against him. Colonel Silagy's indebtedness arose as a rcsult of payments of housing and cost-of-living-allwances for the period July 2, 1969, through January 31, 1972. These allowances are payable to members of the uniformed services who are stationed outside the continental United States or in Hawaii or Alaska. Prior to July 2, 1969, the member had been serving outside the United States and was entitled to and receiving these allowances. Upon his return to the United States on July 2, 1969, entitlement to these allowances ceased, however, the payments continued and were not terminated until January 31, 1972. Presumably, the continuation of the payments following the member's return to the United States was a result of administrative error. The overpayments as computed by the Air Force totalled $8,453.90. The member requested waiver of the indebtedness under the provisions of 10 U.S.C. 2774. The Air Force in reporting on the matter recommended to our Transportation and Claims Divisi.on that the member's request for waiver be denied since the medber should have known that he was not entitled to these allowances and had- been in receipt of monthly leave and earnings statements which indicated that improper payments were being made. The Transporta- tion and Claims Division of this Office agreed with this view,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most