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B-186920 1 (1977-01-28)

handle is hein.gao/gaobadebs0001 and id is 1 raw text is: . ECIUION FILE: 5-186920 .J. Lfwrence ii pre J. lwrdms d1.Pers. STHU COMPTROLLER ENERAL O aF THuM UNITUC *TAWE S WAU-tNITON. D.C. E054 DATE;: Jauary 28, 197'( MATTER OF: William McLean Tippin. DIGEST: 1. Former Army member's debt resulting from pay and allowances paid for pexiod of properly advanced leave which became excesi leave upon discharge, and properly paid advance of pay did not arise out of erroneous payments and, therefore, may not be considered for waiver under IC U.S.C. 2774 (Supp. II, 1972). 2. Former Army member may be considered without fault for his debt which arose out of erroneous payment of b'4ic allowance for quarters for periods records indicate he occupied Government quarters since pay- ment was made ratioactively upon member's arrival in Vietnam fZr period during which he served in several different training units, part of which period he occupied non-Government quarters, and during which he received change in pay entitlement. Accordingly, debt is waived under 10 U.S.C. 2774 (Supp. II, 1972). Thisaction is in response to a letter dated June 21, 1976, appealing the action taken by the Claims Division of this Office on June 16, 1976, denying Mr. William McLean Tippins' request for waiver of an amount he owes the United States for an advance pay- ment of pay, excess leave, and erroneous basic allowance for quarters, incident to his service in the Army. Mr. Tippins enlisted-in the Army on May 12, 1969. He was discharged on June 14, 1970, in the grade of E-5, for the purpose of accepting appointment as a warrant officer (N-1) for an Indefi- nite period. He was transferred to Vietnam in October 1970, transferred back to the United States in October 1971, and dis- charged on February 3, 1972. During his active duty, Mr. Tippins used more leave than he accrued and, as a result, at the time of his discharge he owed the Army 9365.74 for pay and allowances he received for 15 days of excess leave. Prior to discharge $99.99 was collected from him, leaving him in debt for $265.75 for excess leave upon discharge. F-_1 0D

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