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B-192611 1 (1978-11-03)

handle is hein.gao/gaobadgnx0001 and id is 1 raw text is: I I ItI C ,1 K I * SI 4 .1 ~4*'/ THE COMPTROLLER OP THE UNITEraDn TNERAL eU TeTs VASHINGTflN, D.C. 20046 DJATE: November 3, 1978 DECISION FILE: 8-192612l MATTER OF; Service member moved into GoVernment quarters, tetminatinq entitlemene to basic allowance for quarters (BAQ). Due to payroll. error, member continued to receive BAOC for 7 months. Because member faiie0 to inouire as to correctness of pay, it cannot be hold that he was without fault in matter so as to permit waiver of erroneous payments of BAO. This actioh is in response to a letter dated July 18, 1978, from Chief. Petty Officer Robert Frasure, USN, appealing the determination of our Claims Division(. denying waiver of his .ndebtedness to the United States arising from erroneous payments of basic allowance for quartews (BAO). The'facts, as set forth in our Claims Division letter dated June 29, .1978- ate that Chief Frasure's entitl'qnent to BAQ'ahould iaveterminated when he began occupying Covernment auartsrs on July 7, 1975. It appears that he cofipleted the oroer ddumenta to terminate BAQ. but that .hIspay record's !qere not properly adjusted because the document's weke m'isolaced. As a result, Chief Frasurcc: was erroineously-paid BAO at the rate of $170.40 per month from July 7 thrcuqh September '30, 1975, and at the rate of $178.80 per month from October 1, 1975, through March 15, 1976, resulting in an overayment in the amount of $1,460.52. The error was discovered durinq an administrative audit of nay records. ...,The Clais Divisiop denied Chief Frasure's request frxwaiver on theiqrounddthat the termination of AO s ogld have caused his: ay 'o decease by $170240 per month and that this amount was sufficiently large so that the failure to deduct should have been readily apparet. On appeal Chief Frasure restates his original argument that he did not kkow or suspect he was being overpaid, and he ooints out that repayment of the indebtedness will result in financial hardship due to the4discontinuance ot submarine pay and other circumstances. L-. I I *-e'-- --.--. a- .4' Chief Petty Officer Robert Frasure, USN I I i f I I I I'loal- ..ell I or- DIGST:

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