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B-198269 1 (1980-09-16)

handle is hein.gao/gaobadiof0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ~OF THE UNITED STATES WASHINGTON, 0. C. 20548 4ce~~~~~a ' -e-o74r00 '~l FILE: B-198269 DATE: September 16, 1980 MATTER OF: Lieutenant John G. Harrison, Jr., USN DIGEST: Service member receiving erroneous payments of basic allowance for quar- ters due to administrative error during a period he occupied Government quarters, who failed to question the accuracy of his pay when he received unexplained increases in his normal net pay, is not without fault so as to permit waiver of indebtedness. Lieutenant John G. Harrison, Jr., USN, requests reconsideration of our Claims Division's August 1, 1979 denial of his application for waiver of his debt to the United States in the total amount of $946.49. The debt arose from erroneous payments of basic allowance for quarters (BAQ) he received while living in Government quarters. Denial of the waiver is.sustained. The record shows that Lieutenant Harrison through administrative error was erroneously paid BAQ for the period June 27, 1977, through November 15, 1977, in amounts ranging from $196.80 to $219.90 per month while assigned to Government quarters. In those circumstances he was not entitled to.BAQ. 37 U.S.C. 403(b) (1976). By allotment, beginning in May 1977 Lieutenant Harrison had his pay and allowances sent to his bank in the amount of $1,054. His net pay, after the allotment to the bank was paid, was $9 on June 15, 1977, and $6 on June 30, 1977. The net pay amounts were paid directly to him. On July 15, 1977, his net pay increased to $125. Thereafter, his net semimonthly pay for the period ending July 31, 1977, was $99 and his net bimonthly pay was $99 for each subsequent pay period through September 30, 1977. For pay periods begin- ning October 1, 1977, and continuing through November 15, 1977, net bimonthly payments increased to $109 each pay period. During this entire period his allotment continued to be paid directly to his bank. The increases in net pay he received were caused by erroneously crediting him with BAQ due to confusing his pay record with that of another officer.

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