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B-183610 1 (1976-02-03)

handle is hein.gao/gaobaddrd0001 and id is 1 raw text is: THE CIMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D.C. 20548 un '0 &op0 1 FILE: B-183610 DATE: FEB 3 1976 MATTER OF: Mr. Rodney E. Nelson DIGEST: Service member earns 85 days of leave and uses 193 days of leave thereby incurring 108 days of excess leave during his active service is indebted to the United States for pay and allowances received for such excess leave. The claim of the United States may not be waived under 10 U.S.C. 2774 (Supp. II, 1972) even though indebted- ness resulted from adninistrative error in allowing leave to be taken, since nember is at least partially at fault in matter, particularly when he was receiving leave and earnings statements which correctly showed a minus leave balance. This action is the result of an appeal by M'r. Rodney E, nelson, from a settlement by the Transportation and Claims Division (now Claims Division) of this Office dated December 20, 1974, which par- tially denied a request for waiver under the provisions of 10 U.S.C. 2774 (Supp. II, 1972) of the clain of the United States agzainst him in the amount of $1,389.43 arising out of his service in the United States Army. The record indicates that Mr. Nelson served on active duty in the United States Army from December 19, 1969, through February 20, 1973. The maximum leave that he could have earned during that period was 95-1/2 days. The meiber used and received p-ny for 193 days of leave during the sname period, which was 97-1/2 days more than the maximum leave he could have earned. The record further indicates that the member was in an absent-without-leave (AWOL) and an excess leave status during part.of the time. Since leave is not earned during periods of excess leave and being in an AWOL status, his earned leave was reduced from 95-1/2 days to 85 days thereby increasing his total unearned leave to 108 days. A charge against Mr. Nelson was entered in the amount of $1,963.35. In addition, a review of his pay records indicated a class E allotment in the am-ount of $10.08, had not been deducted from his pay, which increased his debt to $1,973.43. Credits due Mr. Nelson totalling $573.92 were applied to the debt leaving a balance of $1,399.51. 7 01-6 44-341 0, q/S-3

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