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B-187954 1 (1977-04-01)

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                             THE  COMPTROLLER GENERAL
DECIION .                  . O      k u sr o SCUAIrmE
                             WASHINGTON. 0.C. 3054U


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PIL.    1-187954


DATE:   pril  1, 197M


MAYYErl   OF:  Mr. Stuart 3. Lange


OIGEST: Foser servicemeer, who was erroneously
           paid radjus   ment pay hAd reasonable
           grounds to doubt propriety oZ payment
           because of certaain official docents and
           corresondence  in his powsssao.   The
           fact that he verbally questioned propriety
           of payment before he speat it is not a
           sufficient basis for waiver since he not
           only had the responsibility to secure an
           official explanation of the discrepancy
           but also hd  a duty to set aside the
           amount of Improper paymeat for refund
           when arror wa  found and corrected.

     This action isin  response to a letter dated August 20, 1976
(file reference AmuT),  frM  the Accounting and Finance Division,
Headquarters Air Force Accoun14t  and Finance Center, enclosing a
letter from Mr. Stuart S. Leage, in which he seeks reconsideration
of a Mnch  25, 1976 denial by our Claaim Divinion of his request
for Vaiver of indebtedness in the amount of $10,503, arising out
of an erroneous payment of readjustment pay incident to his
separation from the United States Air Force.

     The record shows that Mr. Lange, a former zaptain, USAFR, was
iavoluntarily'separated from the Air Force' on June 28, 1974. At
that time, he had completed 4 years, 10 months and 20 days of
contianuous active se*tca.  However, itis indicated that for the
purposes of dateiining  possible entitlement to readjustment pay
under 10 U.S.C. 687 (1970), certain additional inactive Reserve
time was improperly inclided in his senvice computation total.
As a result of the inclusion of such service time, he was con-
sidered as havin  mnre than the minisme required 5 yeard continuous
active service and paid $10,503 readjustment pay.

     On September 20, 1974, the error was discovered and Mr. Lange
was notifled of his indetedness.  Hoever,  upon consolidating his
account, it was also discovered that he was underpaid $138.35,


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