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B-197507 1 (1980-06-04)

handle is hein.gao/gaobadihs0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. FILE: B-197507 DATE: June 4, 1980 MATTER OF: Henry A. Pharr DIGEST: avy member's indebtednes sto the United States as a result of an overpayment of a reenlistment bonus may not be waived since prior to reenlisting member received leave and earnings statements which indicated the maximum reenlistment bonus to which he would be entitled if he subsequently reen- listed. Member is not without fault since he failed to sufficiently question his bonus payment after being informed of the amount he was to receive by his leave and. earnings statements. Mr. Henry A. Pharr requests reconsideration of the Claims Division's denial of-his application for waiver of his debt to the United States resulting from overpayment of a reenlistment bonus. Since the member received leave and earnings statements prior to his reenlistment which indicated the correct amount of his bonus, we affirm the denial of his application for waiver. Mr. Pharr, a former Navy member, entered into a 2-year extension of his original enlistment on June 21, 1975, and received a bonus of $925.80. He was discharged from this extended enlist- ment on June 20, 1977. For at least several months prior to and at discharge he received leave and earnings statements which specified, among other things, that upon a subsequent reenlistment for 6 years he would receive a maximum reenlistment bonus of $1,074.20. On September 19, 1977, Mr. Pharr reenlisted for 6 years in the Navy. He received a $2,000 bonus which he questioned, but he was told that this was his correct entitlement. Subsequently, in October 1977 the Navy realized that Mr. Pharr's correct entitlement was $1,074.20 derived from $2,000 less his previous bonus of $925.80. In November 1977 Mr. Pharr requested waiver of his debt, which request was subsequently denied by our Claims Division. Section 2774 of title 10, United States Code (1976), provides our authority to waive certain debts when collection

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