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B-195257 1 (1979-08-17)

handle is hein.gao/gaobadhnf0001 and id is 1 raw text is: DECISION LLER THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20548 VNIT FO FILE: B-195257 DATE: August 17, 1979 MATTER OF: Petty Officer Charles W. Mancill, USN DIGEST: When a service member moves into Government quarters Geqpititlement to basic llowance for quarters and e- Iousingallowande should terminate.- In this case, however, due to administrative error payments were continued for a substantial period resulting in the member's indebtedness. Although member states he made inquiries concerning the correctness of his pay, it cannot be held that he was without fault since the amount was substantial and he should have pursued his inquiries. This action is the result of an appeal from an action by our Claims Division denying a request for waiver by Charles W. Mancill, U.S. Navy, under 10 U.S.C. 2774, of a claim of the United States against him arising out of erroneous payments of basic allowance for quarters (BAQ) and station housing allowance. For the following reasons we must sustain the action of our Claims Division. The records show that Petty Officer Mancill while stationed at Kaneohe, Hawaii, was assigned to Government quarters on September 6, 1974. Prior to this time, he was entitled to BAQ and a station housing allowance, at the rate of $146.40 per month (BAQ) and $130.50 per month (housing allowance). As a result of moving into Government quarters his entitlements should have been decreased by $276.90 per month, since these allowances are not payable while a member and his depend- ents occupy Government quarters. See 37 U.S.C. 403(b) and 405. Through administrative error payment of these allowances was not dis- continued and the payments continued until August 7,-1977, when they totaled $10,957.80. The report from the Navy indicates that there is no indication of fraud, misrepresentation, or lack of good faith on the part of Petty Officer Mancill. Further, he states that he was assured on several occasions that his-pay and allowances were correct when he made inquiries as.a result of his own doubts concerning the correct- ness of his pay. The Navy report states that numerous changes took place on the member's pay account during the overpayment period;

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