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B-197627 1 (1980-06-03)

handle is hein.gao/gaobadihj0001 and id is 1 raw text is: DECISION 4. LR . Je V TVS0 44 & ' 13) THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. O. C. 20548 FILE: B-197627 DATE: J ne 3, 1980 MATTER OF: Captair Donald Reid, USN,$Ret Considering his rank, years of service, and the amount of the erroneous overpayment, a service member, who received an unexplained payment of pay and allowances due to an administrative error should have known that the payment was erroneous, and that he would be required to refund the excess amount. As a result he may not be considered as being without fault in the matter so as to permit waiver of his indebtedness. Captain Donald Reid, USN, Retired, requests reconsideration of our Claims Division's November 13, 1979 denial of his applica- tion for waiver of bi.s debto the United States in the total amount of $591.07. The debt arose from erroneous payments of the member's pay. Denial of the waiver is sustained. The record shows that Captain Reid was originally overpaid due to a lack of recoupment of Medical Continuation Pay in January 1975. The disbursing officer began deduction of $124 each month for repayment beginning August 1, 1975. Upon conver- sion to the Joint Uniform Pay System on January 1, 1976, a balance of $715.07 remained to be repaid with the last deduction to be collected June 30, 1976. The debt was paid on schedule. Thereafter, through administrative error, the disbursing officer determined that the member's indebtedness had been repaid in full as of January 1, 1976. In August 1976, the disbursing officer reconstructed the member's pay and determined that he had been underpaid. As a result, the disbursing officer made a payment to Captain Reid on September 1, 1976, in the amount of $1,019 of which $591.07 was erroneous. The member was informed of the error in August 1977. In his original request for waiver Captain Reid contended in effect that he did not know or suspect that he was being overpaid and that the overpayment was due to administrative error in adjusting his pay account. The waiver denial was based upon the member's being at fault in failing to question large unexplained increases in his pay in September 1976 and 1 LI DIGEST: 4 - 4 9 #,-J _

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