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B-152040,B-158422 1 (1975-07-25)

handle is hein.gao/gaobadclc0001 and id is 1 raw text is: THE COMPTROLL. I GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 (IT fIL FILE: B-152040 DATE: 9 B-158422 MATTER OF: Department of Defense Military Pay and Allowance Committee Action No. 502 DIGEST: 1. Amount of claim of United States against a member of uniformed services arising out of overpayments of pay and allowances, which is subject to consideration for waiver under 10 U.S.C. 2774, is total amount of erroneous payments made, even where audit of member's pay account reveals underpayment of pay and allowances, whether that underpayment involves the same item of pay and allowances or a dif- ferent item , than was involved in the overpayment or was in the same or a dif- ferent period. 2. Where member requests waiver of claim under 10 U.S.C. 2774, which is less than the total erroneous payment, and he does not know that an accounting setoff :for- underpayment which was otherwise due him has been made or of his right to request waiver for that amount, or that erroneous payment was actually determined to be for greater amount, we would act on entire erroneous payment in view of beneficial nature of law. However, where member knows of the proper total erroneous pay- ment, accounting setoff for an underpay- ment and his right to request waiver in such amount, but requested waiver of amount less than total, we would act only on amount of waiver request. This action is in response to a letter from the Assistant Secretary of Defense (Comptroller) requesting a decision by this Office on several questions relating to the indebtedness to be considered for waiver under the provisions of 10 U.S.C. 2774 in the circumstances described in Department of Defense Military Pay and Allowance Committee Action No. 502, enclosed with the request. Comp. Gon....***

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