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B-185466 1 (1976-08-19)

handle is hein.gao/gaobaddhh0001 and id is 1 raw text is: THE CDIVIPTRt..LER GENERAL s OF THE UNITED STATEU / WASHINGTON, D.C. 20548 FILE: DATE: AUG 19 1976 MATTE 5I4CG Department of Defense Military Pay and (DIGEST: Allowance Committee Action No. 523 While automatic suspension of collection action in all cases upon rcceipt of appli- cations for waiver of debts under 5 U. S. C. 5584, 10 U. S. C. 2774, and 32 U. S. C. 710 would not be proper, suspension of col- lection may be made in appropriate cases based on various considerations and provided it is dCtermined in each case that the interest of the Government would not be adversely affected. This action is in roponse to a letter, dated November 2G, 1975, frcm the Ai t Serctry of D s(, requesting a deision cocernin the uspcnicn of collctio action when a miltary :ncr- her or former rnem.nb r subia recucst for waiver under 1 ,. 2774 (Supp. II, 1972). T7e specific quevstion and discussion thereof are contained in D3epart- ment of Defense Military Pay and Allowance Committee Action No. 523, which was attached to the request. The question presented in the Conmittee Action is: May the Services temporarily suspend collection action when a military member or former member submits a request for waiver under 10 U.S. C. 2774? The discussion in the Committee Action states that, 10 U. S. C. 2774, as added by Public Law 92-453, approved October 2, 1972, authorizes the waiver of claims for erroneous payments of pay and allowances to members or former members of the uniformed services. The comment is made that neither the statutory language nor its legislative history explicitly discusses the suspension of collection action in such circumstances, although when read together there is a suggestion that Congress intended collection action to continue when a waiver application is submitted. It is also stated that present Department of Defense policy, as reflected in Department of Defense Pay and Allowances Entitlements.

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