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B-190770 1 (1978-03-08)

handle is hein.gao/gaobadfsp0001 and id is 1 raw text is: I 91 I THM OMPTROI.LERN GNERAt L b~r.a~cN.;,zA OF THE UNITED UTATEE WAUIINGTON C. 4sA F!'_E: B-190770 DATE: I rch 6, 1978 MATTEH OF: Darrell N. Kirby DIGEST: 1. Payments made to members of the uniformed services, such as casual, partial, or advanca payments which are valid when made, are not con- sidered to be erroneous payments and may not be considered for waiver unler 10 U.S.C. 2774. Powever, to the extent that such payments should be set off against a member's final pay and are erroneously not set off, that amount of final pay received may be considered for waiver under 10 U.S.C. 2774. 2. Where a member transferred from Southeast Asia to a hospital in the United States receives casual payments which are not processed in a timely fashion prior to his discharge, thereby creating a debt to the United States, final pay to the extent that it should have been set off, is considered an erroneous payment and is waived under the provisions of 10 U.S.C. 2774. 3. Payment made to a member as the result of admlnistrative error in not adjusting hi leave account is an erroneous pay- eint, and where there appears to be no fault on the part of the member, waiver is granted under 10 U.S.C. 2774. This action is the result of an appeal from the determination of our Claims Division denying Dirrell N. Kirby's request for waiver under 10 U.S.C. 2774 (Supp. .-I, 1972), of excess payments received incident to a tour of duty in the United States Air Force. Mr. Kirby is indebted to the United States in the amount of $873.92. rc_ 1,-- 1 t 4Z. I. hi~I- ~~1 i

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