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B-202492 1 (1981-10-09)

handle is hein.gao/gaobadjun0001 and id is 1 raw text is: 0o 'THE COMPTRLLER GENERAL DECISION . i OF THE UNITED STATES WABHINGT0N. 0. C. 20548 FILE: B-202492 DATE: 0,ctober 9, 1981 MATTER OF: Chief Warrant Officer Harmon H. Simes, Jr. (Retired) DIGEST: A service member receiving an unexplained payment of active duty pay which the Army sent to his bank due to administrative error after his retirement should have known the payment was erroneous and that he would be required to refund it. Since he did not pursue the matter with appropriate service officials, he is not without fault in the matter so as to permit waiver of his debt. Chief Warrant Officer Harmon H. Simes, Jr., AUS, Retired, requests reconsideration of our Claims Division's denial of his application for waiver of his $650 debt to the United States. The debt arose from his receipt of an erroneous pay- ment of pay and allowances after his discharge from the Army. In light of the facts presented, and the applicable provisions of law, we are sustaining our Claims Division's action. Mr. Simes retired from the United States Army on Novem- ber 30, 1978. He was paid regular pay and allowances due him through November 30 and he received a final cash settlement for his accrued leave upon his retirement. He knew at this point that no additional monies would be due him for active service after November 30, 1978. However, due to an adminis- trative error, the Army failed to stop sending his regular pay and allowances to his bank in time and sent a $650 mid- month payment in December 1978 to his bank. That payment was sent to his account at the same bank as his prior active duty paychecks had been sent. Mr. Simes indicates that in the middle of January 1979, when he received his December bank statement, he became aware that his account had more money in it than he had expected in approximately the same amount as his former mid-month paycheck. He checked with Army finance officers at a post near his bank to see if they could explain the unexplained increase in his account, but they could not because his pay records were not at the post. After receiving no explanation from his initial contact with local Army finance officers, Mr. Simes let the matter drop and did nothing further until notified by the Army in July of 1979 that he was indebted for the erroneous $650 payment. Apparently, Mr. Simes made no attempt to ascertain the I / /

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