About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-200118 1 (1981-02-18)

handle is hein.gao/gaobadjcw0001 and id is 1 raw text is: %-7 G THE COMPTROLLER G NIAL DECISION . OF THE UNITED STATES WASHINGTON, 0 C. 2054B FILE: B-200118 DATE: February 18, 1981 MATTER OF: Lieutenant Lennart Wendel, Jr., USN DIGEST: Service member's request for waiver of his debt to the United States arising out of overpayments of basic pay must be denied, where it appeared that he knew or sus- pected he was being overpaid and he relied on general statements by the disbursing office that payment was correct. Under circumstances the member should have requested a detailed explanation of his earnings. Since he did not do so, he is partially at fault, and he may not have his debt waived. This action is in response to correspondence submitted from Lieutenant Lennart We dl, Jr., USN, appealing the Claims Dvi- sion's denial of his equiiest for waiver of h-s- indebtedness Jto the United States in the total amount of $1,314.57. This indebtedness represents overpayments of basic pay he received during the period April 2 through December 30, 1976. In view of the facts presented and the applicable law and regulations, we sustain the Claims Division's denial of waiver. The record shows that the member entered into active duty as an ensign on April 2, 1976. At that time he should have been paid at the rate for pay grade 0-1 with over 2 years' service with a Pay Entry Base Date (PEBD) of February 5, 1974, with a monthly basic pay of $693.30. Due to administrative error the disbursing office showed that he had a PEBD of February 5, 1972, and accordingly began paying him at the monthly basic pay rate of $838.20. The difference in pay rates increased further with the October 1, 1976 pay raise. The erroneous PEBD used by the dis- bursing office resulted in an overpayment in the total amount of $1,314.57. The member states that upon receiving his first paycheck he felt that he was being overpaid and that he contacted the dis- bursing office and was advised that he was receiving the proper amount. He further states that 1 month later after comparing his paycheck with some of his friends he still felt that he was receiving too much money. He called the disbursing office and was again advised that his pay was correct. He was apparently first advised in February 1977 that he had been overpaid. jj95c4

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most