About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-199807 1 (1981-02-09)

handle is hein.gao/gaobadjcd0001 and id is 1 raw text is: 




DECISION




FILE: B-199807


                 60 7,
1-., THE CC1MPTROLLER GENERAL
     OF THE UNITED STATES
7. ]WASHINGTON.  . C. 20548




          DATE:   February 9, 1981


     MATTER OF: Petty Officer Allan L. Gaynor, USN


     OIGEST: 1. Lack of substantial changes in pay when
                  they would ordinarily be expected, con-
                  stitutes sufficient notice to alert a
                  reasonable person that an error may have
                  been made. Thus, where a member moved
                  into Government quarters after the
                  first of the month and his BAQ was
                  not stopped until the next month,
                  where he received a substantial reduction
                  in pay and his next earnings statement
                  showed he was not receiving BAQ, waiver
                  is granted. However, waiver is not
                  granted for 10 $120 monthly allotment
                  payments not deducted from the member's
                  pay since, although he received no
                  earnings statements he should have
                  expected his pay to decrease and when
                  it did not, he should have known he
                  was receiving overpayments.

              2. -Financial hardship, standing alone, is
                  not sufficient reason to allow waiver
                  of a debt which arises from receipt of
                  funds to which the debtor should have
                  known he was not entitled.

     This decision is in response to a letter dated May 19,
1980, forwarded to us by the Navy Family Allowance Activity,
which constitutes an (appeal by -etty Officei Allan L.
Gaynor, USN, from ourTClaims Divisions September 7, 1979
action which granted 1h part and denied in part his request
for waiver of the claim against him by the United States
for erroneous overpayments of pay', The total claim of the
Government against him was $1,471.08. 'Our Claims Division
waived $114 of the Government's claim and denied waiver of
$1,357.08.  Petty Officer GaynorLs appealing that part of
our Claims Division's action which denied him waiver of
$1,357.08.

     The debt arose as follows. Petty Officer Gaynor was
assigned Government quarters on December 3, 1976, but his
basic allowance for quarters (BAQ) was not terminated

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most