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

B-195252 1 (1979-07-19)

handle is hein.gao/gaobadhkt0001 and id is 1 raw text is: / ~ \'xTHE COMPTROLLER GENERAL DECISIONK / OF THE UNITED) STATES WVA SH iN G T~ 0 D C 2 0 5 48 FILE: B-195252 t/t CATTE: July 19, 1979 MATTER OF: Edward R. Hollyfield DIGEST: A-former Navy officer's debt resulting from an erroneous paymen, ofbgTsEic allowance for sub- sistence when an t 0 ng error in placing a decimal point resulte in an overpayment in excess of $1,000 in his pay at discharge may not be waived since he knew or should have known from the size of the overpayment and the fact that he was receiving-an-estimated payment that an error had been-made. Such knowledge on his part carried with it an obligation to bring the matter to the attention of the appropriate offi- cials and to return the excess sum or to set it aside for refund at such time as the accounting t/d Ff3r error was corrected. The issue presented in this case upon an appeal of our Claims Division's denial of a waiver is whether waiver of an erroneous pay- ment of basic allowance for subsistence may be granted under 10 U.S.C. 2774 (1976) in the circumstances described. The answer is no since we find that the recipient of the overpayment should have been aware of the strong possibility he had been overpaid and should have been prepared to refund the amount due. Mr. Edward R. Hollyfield, a former lieutenant in the United States Navy, while serving on active duty was entitled to receive BAS from July 1, 1975, through September 12, 1975, the date of his scheduled separation from the Navy, a total of $121.24. Through an administrative error there was a shift in the decimal point and he was erroneously credited with $1,212.48 on his final pay record. This resulted in an overpayment of $1,091.24 at the time of his separation which was later reduced to $795.80 due to a credit of additional pay and allowances found due him. Mr. Hollyfield actually received $3,773.46 as a final payment of pay and allow- ances upon discharge. The erroneous payment resulted from an administrative error with no indication of fraud, or misrepresen- tation on the part of the member or any other person having an interest in the matter.

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