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B-197633 1 (1980-04-25)

handle is hein.gao/gaobadifk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-197633 DATE': April 25, 1980 MATTER OF: William J. Pritchard DIGEST: Service member who continued to receive retired pay subsequent to orders removing him from Temporary Disability Retired List should have been aware of the strong possibility that the payments were erroneous and should-have made appropriate inquiry concerning their continuation. Since he did not do so, he is partially at fault, and he may not have his debt waived. By letter dated November 23, 1979, Mr. Henry S. Shaw, attorney for William J. Pritchard, requests reconsideration of the Claims Division's denial of his application for waiver of his debt to the United States in the amount of $2,358.82 incident to his service in the United States Army. The debt arose from-erroneous payment of retired pay for the period from August 1, 1974, through November 30, 1975. Upon review, the action of the Claims Division is sustained. The record shows that effective November 14, 1970, Mr. Pritchard, then a private E-2, was placed on the Temporary Disability Retired List (TDRL) with a temporary disability rating of 100 percent. By Letter Order No. D6-441, dated July 1, 1974, Mr. Pritchard was removed from the TDRL, to be effective July 31, 1974, on the basis that he had been found physically fit for duty. Upon removal from the TDRL he was no longer entitled to retired pay. However, through administrative error, Mr. Pritchard continued to receive retired pay for the period August 1, 1974, through November 30, 1975, in monthly amounts ranging from $138.67 to $156.23 which resulted in a total overpayment in the amount of $2,358.82. Mr. Pritchard in his original request for waiver asserted that he did not know that he was being overpaid as he thought that his continued retired pay was due to

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