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B-196226 1 (1979-11-20)

handle is hein.gao/gaobadhsx0001 and id is 1 raw text is: 5 ~ THE CDIMPTROLLER GENERAL DECISIOill OF THE UNITED STATES VWASHINGTON, O.C. 20548 FILE: B-196226 DATE: November 20, 1979 MATTER OF: Petty Officer Robert R. McGhee, Jr., USN DIGEST: A service member erroneously paid BAQ during a period he occupied Government leased housing, may have the debt waived for the first 3 months during which he began a new duty assignment, moved into leased quarters, his pay account was converted to JUIMPS and his Leave and Earnings Statements (LES's) were incomplete. However, when he failed to request a complete explana- tion of his pay after doubting the accuracy of his LES's, he is not without fault in the matter so as to permit waiver of subsequent erroneous payments. Further, financial hardship, alone, resulting from collection is not a sufficient reason to retain the payments that he should have known did not belong to him. Petty Officer Robert R. .cGhee, Jr., USN requests reconsidera- tion of our Claims Division's July 20, 1979 denial of his applica- tion for waiver of his debt t the United States in the total amount of $2,841. The debt arose fro erroneous payments of basic allowance for quartersj(BAQ) made to him while occupying Government leased housing. Waiver is granted for erroneous payments made for 3 months when the error was not apparent, and denial of waiver for the succeeding period is sustained. The record shows that Mr. McGhee occupied Government leased housing on iecember 1, 1976. Due to administrative error, the disbursing officer failed to stop payment of BAQ to which Mr. McGhee was not entitled while occupying Government furnished quarters. 37 U.S.C. 403(b) (1976). As a result he was erroneously paid BAQ for the period December 1, 1976, through February 28, 1973, in amounts ranging from $183 to $202.20 per month. Mr. McGhee, in his original request for waiver, indicated that his pay account was converted to the computerized Joint- Uniform Military Pay System (JUMPS) in December 1976, at about the same time he began new duties as a Navy recruiter in Danville, Kentucky. He says that at that time also, the land- lord of the Government leased housing he was assigned to was

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