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![handle is hein.gao/gaobadhiv0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION )OF THE UNITED STATES
WA H N T N 0.C 2 E4
B-194598
DATE: June 28, 1979
MATTER
DIGEST:
OF:
Petty Officer James E. Fahey, USN, Retired
Retired Nay member's Gequest for waiver
of i44 debt to the United States arising
out of creous payments of proficiency
pay extending over a period of 17 months
must be denied even though he brought the
error to attention of appropriate offi-
cials initially when the administrative
error occurred, since he knew he would be
required to make restitution. Also, he
can not be found without fault in the
continuance of the erroneous payments
since he was initially aware of them.
Granting of waiver is not a matter of
right arising from every erroneous pay-
ment, and in these circumstances, col-
lection is neither against equity and
good conscience nor contrary to the best
interest of the United States.
Petty Officer (HM2) James E. Fahey, USN
appeals our Claims Division's November 27, 19
of waiver of his debt to the United States ar
out of erroneous payments of proficiency pay
incident to his service in the United States
After review of the matter, we find that waiv
not be granted.
(Retired),
78 denial
ising
he received
Navy.
er may
Mr. Fahey's debt in the amount of $850 arose from
erroneous payments of proficiency pay made to him
during the period December 1, 1974, through April 30,
1976. The erroneous payments were caused by administrati
error in continuing proficiency pay after his permanent
change of station from Beaufort, South Carolina, where
he had been entitled to such pay. In this regard, in
his original request for waiver, dated April 28, 1976,
he stated that:
* * * I stopped collecting this pay [proficiency
pay] when I received orders to X-Ray School at
Bethesda, MD. One pay day, I received a Leave
FILE:
ve
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