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B-196226 1 (1984-08-30)

handle is hein.gao/gaobadlwq0001 and id is 1 raw text is: TH COMPTROLLER GENERAL OECISION OP THE UNITEO STATES WASHINGTON. 0. C. 20648 FILE: B-196226 DATE: August 30, 1984 MATTER OF: Petty Officer Robert R. McGhee, Jr. USN/Retired DIGEST: A service member who upon retirement had excess leave charged to him totaling a number of days in excess of the number of days pay to which he was entitled, should not have expected to receive the payment erroneously made to him at retirement. Since the member is not without fault, he may not be granted waiver for the debt under 10 U.S.C. S 2774. Petty Officer Robert R. McGhee, Jr., USN (Retired) request;Vreconsideration of our Claims Group's December 12, 19,83 denial of his application for waiver of hiss debt to the United States in the amount of $700.- The overpayments were the result of errors in computing excess leave and failure to take into consideration on his final pay his regular pay received on March 30, 1982. He was charged for 10.5 days of excess leave, whereas he should have been charged for 18 days of excess leave. This resulted in an erroneous payment of $587.10. -Additionally, a $700 payment received on March 30, 1982, was not taken into account when his final pay was prepared at the end of April 1982. His final pay totaled $1,287.10, when he should have received nothing. That portion of his indebtedness attributable to the error in computing his excess leave was waived by our Claims Group on the Navy's recommendation. It was the view of the Claims Group and the Navy that while the member should have known that he had a negative leave balance, the exact amount of excess leave was not ascertainable and, as a result, $587.10 of his debt was waived. However, the $700 payment that he received which was not recorded resulted in increasing the overpayment to such an extent that he should have known an error had been made. In other words, when he received a final payment of 0-kq q j

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