About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-192882 1 (1979-04-02)

handle is hein.gao/gaobadhbd0001 and id is 1 raw text is: B-192882 MATTER OF: DIGEST: Di kDATE: April 2, 1979 Philip L. Marlowe Former service member seeking waiver under 10 U.S. C. 2774 for a debt due to the servicets failure to deduct monthly allotments totalling $120 from his pay should have reasonably expected his net paychecks after establishment of the allotments not to exceed those received in the month preceding establishment of the allotments. When his subsequent net pays were in fact consider- ably greater and involved substantial fluctuations in amount, he should have been alerted to probable error in his pay account. Also, he received earn- ings statements during the period which should have alerted him to the error. Therefore, he is con- sidered partially at fault, precluding waiver. This action is in response to a letter, with enclosures, from James A. Lewis, Esq., on behalf of Mr. Philip L. Marlowe concerning his debt to the United States, which arose from erroneous payments ofayn allowances he received incident to his service in the nite d es Air Fo during the period of March through Decem- ber 1973. That letter, in effect, constitutes an appeal of the determi- nation made in a letter dated March 20, 1973, from our Claims Division which denied waiver of his debt. The waiver denial was based on a finding of partial fault on Mr. Marlowe's part in that having authorized monthly allotments totalling $120 in March 1973, he should have expected a decrease in his net pay thereafter. It was determined that when the decrease did not occur, the existence of possible error was easily discernable from the monthly earnings statements he received and his failure to examine these statements and take steps to have the error corrected, constituted at least partial fault on his part. In support of his appeal, there was enclosed an affidavit, dated August 15, 1978, executed by Mr. Marlowe. That affidavit stated that while he was a member of the Air Force (February 1970 to February 1974), he became aware of potential overpayment problems from others; that on March 1, 1973, he made a $50 allotment to the Merchants National Bank in Terre Haute, Indiana; that at approxi- mately the same time he began receiving $85 a month as a basic DECISION . . ;.. f FILE: THE COMPTROLLER GENERAL P OF THE UNITED STATES V V ASHINGTON, D.C. 20548 L NITi.0

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most