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B-198169 1 (1981-07-15)

handle is hein.gao/gaobadjny0001 and id is 1 raw text is: - THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-198169 DATE: July I , 1981 MATTER OF:.Chief Warrant Officer Gordon D. Grampp, USN DIGEST:Navy member who is indebted to United States because of simultaneous receipt of separate rations and basic allowance for subsistence, and whose request for waiver of the debt was denied because of partial fault on his part is not entitled .to-waiver on reconsideration since unfamiliarity with terminology does not provide a basis for waiver when a dual credit for subsistence was shown on his Leave and Earnings Statement. Chief Warrant Officer Gordon D. Grampp, United States Navy, requests reconsideration of our decision of October 22, 1980, in which we sustained our Claims Division's denial of his application for waiver of the Government's claim against him in the amount of $808.14. The claim arose from erroneous payments to Mr. Grampp of separate rations while he was concurrerftly receiving a basic allowance for subsistence as an officer. Mr. Grampp is a permanent officer and thus entitled to receive a monthly basic allowance for subsistence; separate rations are paid at a daily rate to enlisted members only. 37 U.S.C. § 402 (1976). In our previous decision, we stated that the Navy Finance Center had determined Mr. Grampp to be at least partially at fault since the dual credit was shown on his Leave and Earnings Statements (LES), and he should have been aware of the excess payments. Mr. Grampp was held liable for the entire debt because, under our interpretation of 10 U.S.C. S 2774(b)(1976), a member is at fault when a reasonable person under the circumstances should have known that an error existed and brought the matter to the attention of the disbursing officer. Mr. Grampp seeks reconsideration of our previous decision by presenting two additional arguments. First, he contends that the term separate rations was unknown to him and remains unfamiliar to Navy personnel generally. However, this does not change the fact that dual credits appeared on each LES received by Mr. Grampp which, upon

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