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B-197801 1 (1980-12-30)

handle is hein.gao/gaobaditz0001 and id is 1 raw text is: FILE: B-197801 DATE: December 30, 1980 MATTER OF: Master Chief Petty Officer Jerry D. Banister Considering his rank, years of service and the amount of overpayment, a service member's debt resulting from erroneous payments of basic allowance for ouarters (BAQ) may not be waived since he should have known that continued payment of BAQ after occupancy of Government quar- ters was improper. The fact that he may have received assurance that his pay was correct after he questioned periodic increases in his pay provides no basis for waiver since in this cir- cumstance the amount of the BAQ was so significant that he cannot be found to be without fault for not pursuing.the matter further. Also, financial hard- ship resulting from collection is not a sufficient reason alone to authorize waiver. ,,0aste r Chief Petty Officer Jerry D. Banister, USN (Ret d-T, requests reconsideration of our Claims Divi- sion's March 16, 1979 denial of his application for waiver of his debt to the United States in the total amount of $3,218.94. The debt arose from erroneous payments of basic allowance for quarters (BAQ) made to him while occupying Goverment quarters in San Diego, California. The denial is sustained. Under the pay and allowance system applicable to members of the uniformed services either Government living quarters are provided or a basic allowance for quarters is paid. A service member who is provided with suitable Gov- ernment quarters for himself and his dependents is not entitled to a basic allowance for quarters. 37 U.S.C. § .403(b) (1976). However, due to administrative error, Mr. Banister continued to receive BAQ after he was assigned Government quarters on July 10, 1974. As a result, he was erroneously paid BAQ for the period July 10, 1974, through December 31, 1975, in amounts ranging from $172.20 to $190.80 per month. DIGEST: c ~ '.THE= COMPTROLLER GENERAL DECISION OF THE UNITED STATEB WASHINGTON, D. C. 20548 (,N4 i

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