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B-196461 1 (1980-02-13)

handle is hein.gao/gaobadhzt0001 and id is 1 raw text is: DECISION FILE: B-196461 THE CONIPTROLLER GENERAL ' OF THE UNITED STATES VWASHINGTON, O.C. 20548 DATE: February 13, 1980 MATTER OF: Thomas M. Welsch DIGEST: Service member receiving unexplained payments due to administrative error after discharge should have known he was receiving excess pay- ments 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 a sufficient reason for a member to retain the payments that he should have known did not belong to him. However, waiver may be granted for overpayment of his final payment upon discharge since at that time there was insufficient information available to him to determine that he was being overpaid. Mr. Thomas M. Welsch requests reconsideration of our Claims Division's May 29, 1979Ldenial of Ma-?application for waiver of T debt to the United States in the total amount of $709.07. The deb arose from erroneous payments of pay and allowances, including separation pay made to him incident-to his service in the United States Air Force. Waiver is granted for erroneous payments made on discharge when the error was not apparent and denial of waiver of payments after discharge is sustained. Mr. Welsch received.a payment of $650 when discharged from the Air Force on November 8, 1974, which exceeded the amount he was entitled to receive. He was not due severance pay or disa- bility pay and his entitlement consisted of $123.44 base pay, $3.47 foreign duty pay, $2.24 clothing allowance, and $322.60 for accumulated leave totaling $451.75; less deductions of $64.30 for Federal income tax, $54.16 for Federal Insurance Contributions Act tax, and $3.65 for Government Life Insurance and Soldier's Home totaling $122.11, with a net entitlement of $329.64. Thus, the $650 separation payment exceeded his entitle- ment by $320.36. Further, after discharge he received a regular midmonth payment of $194.47 on November 15, 1974, and a regular end-of-month payment of $194.24 on November 30, 1974, creating total erroneous payment of $709.07. 1

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