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B-196261 1 (1979-11-14)

handle is hein.gao/gaobadhso0001 and id is 1 raw text is: S DECISION q 11. UE R THE COMPTROLLER GENERAL OF THE UNITED STATES VVASHING-TON, D.C. 20548 FILE: B-196261 DATE:November 14, 1979 MATTER OF: Leon R. Pollick DIGEST: Considering the amount of th overpayments, a service member who received erroneous payments of separate rations while using Government mess should have known that he was receiving excess payments, and that he would be required to refund them. Therefore, he is not without fault in the matter so as to permit waiver of his debt. Further, financial hardship, alone, resulting from collection is not sufficient reason for a member to retain the payments that he should have known did not belong to him. Mr. Leon R. Pollick requests reconsideration of our Claims Division's June 19, 1979 denial of his application for waiver of his debt to the United States in the total amount of $617.32. The debt arose from erroneous payments of separate rations (basic allowance for subsistence) made to him incident to his service in the United States Navy during the period October 1975 through June 1976. The denial of waiver is sustained. While serving as a petty officer in the Navy, Mr. Pollick through disbursing error was paid separate rations from October 1, 1975, through March 29, 1976, and from April 29, 1976, through June 30, 1976, because entitlement to separate rations was erro- neously entered on his pay record beginning in October 1975. He was not entitled to separate rations during that period because he had not been granted permission to mess separately and a Government messhall was available to him. 37 U.S.C. 402 (1976). Mr. Pollick, in his original request for waiver, contended that he did not know or suspect that he was being overpaid due to receiving a Navy-wide pay raise in October 1975, as well as being advanced in grade and having over 3 years' service in 1976. Further, he stated that the error was not due to fault on.his part, and payment would result in extreme financial hardship. In his appeal, he also contends in essence that he had never applied for separate rations and that waiver should be granted because the excess payment was due to administrative error. illr I-ZO15 _ 117 ae*5 0

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