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B-208752 1 (1983-01-18)

handle is hein.gao/gaobadkve0001 and id is 1 raw text is: OECISION FILE: B-208752 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: January 18, 1983 MATTER OF: Captain Henry C. Schueller, USAF Waiver of Erroneous Overpayments LIGEST: of Pay An Air Force officer received over- payments of pay based on erroneous service credit for education. After he was aware that his paydate had been revised to correct the error, he knew or should have known that the change would affect his pay. He should have been prepared to refund excess payments made to him after the Air Force had corrected the pay- date error. Since collection of the debt is not against equity, good con- science, or the best interests of the United States, the claim may not be waived under 10 U.S.C. § 2774 (1976). Captain Henry C. Schueller, United States Air Force, requests reconsideration of our Claims Group's decision of January 8, 1981, to partially waive Captain Schueller's debt to the United States in the amount of $7,763.77. The debt arose from overpayments of pay during the period July 1978 to August 1980 due to an erroneous pay entry base date. We sustain the Claims Group's determination to waive over- payments in the amount of $1,746.31 but to deny waiver of overpayments totalling $6,017.46 that Captain Schueller received after he became aware that his paydate had been revised. On July 4, 1978, Captain Schueller was appointed as First Lieutenant in the Air Force and entered on active duty as a medical officer. At that time, Captain Schueller's paydate was erroneously established as September 30, 1974, based on a determination that the prior 4 years during which he studied podiatry counted as creditable years of service. The paydate error resulted in Captain Schueller being paid as a Lieutenant 0-2 and Captain 0-3 with over 3 and later with over 4 years of service instead of with 2 or less years of service. At the time of his appointment, this meant a difference in monthly base pay of $263.70 ($1,107.90 instead of $844.20).

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