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B-197626 1 (1980-02-28)

handle is hein.gao/gaobadias0001 and id is 1 raw text is: THECOPRLE OrGENERAL F DECISION . . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-197626 DATE: February 28, 1980 MATTER OF: Patrick L. Murray DIGEST: A former member of the Aix_Eo--e was separated on June 1, 1976. After sep- aration he received pay for the month of June 1976 which was deposited directly to his checking account and credit union account resulting in an erroneous payment. Waiver cannot be granted, since the former member should have been aware of the errone- ous payments upon examination of his bank statement and failure to make inquiry to the Air Force imputes to him partial fault in not questioning the unexplained deposits. The issue presented in this case upon an appeal of our Claims Divis ' 'reguest fo iv wheth r waiver o erroneous payments of pay and allow- ances deposited to a person's bank account and credit uni account by the Air Force after the member was separated from the Air Force may be waived under 10 U.S.C. 2774 (1976) in the circumstances described. The answer is no since the recipient of the erroneous payment should have known or with reasonable diligence could have observed from an examination of his bank statement that he had received erroneous payments and should have brought the matter to the attention of appropriate Air Force officials and been prepared to refund the amount erroneously paid. Mr. Patrick L. Murray, a former member of the Air Force, was separated from the Air Force in Alaska on June 1, 1976. At the time of his separation he was due $72.89 which was paid. Subsequent to his separation, he received a midmonth payment of $330.43 and an end-of- month payment of $330.15 which were deposited by the Air Force directly in his bank checking account. Further, his former class S allotment for $187.59 was paid to his account at a credit union for a total of $775.28 erroneously paid. The error was discovered by the Air Force in July 1976 and notification of the

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