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B-224774 1 (1986-12-08)

handle is hein.gao/gaobadmog0001 and id is 1 raw text is: a 0The Comptroller General of the United States . Washington, D.C. 20548 Decision Matter of-George S. Winfield File: B-224774 Date: December 8, 1986 DIGEST Discharged Navy member's request for waiver of a claim against him for excess leave he took while he was in service is denied since under the circumstances he either knew or should have known at the time that he was taking leave he had not earned, and therefore he was at fault in taking the excess leave. Such fault precludes favorable consideration of his request to be relieved of his repayment obligations under the provisions of the waiver statute, 10 U.S.C. § 2774. Interest charges incorrectly assessed on the debt must, however, be deleted under Department of Defense Instruction 7045.18, which provides that interest shall not accrue on the amount due while a request for waiver is pending. DECISION This is in response to an appeal of our Claims Group's action of May 8, 1986, denying in part a request for waiver submitted by a discharged Navy member, George S. Winfield, of the debt he incurred while he was in service as the result of overpayments of military pay and allowances he received. In addition to his request for full waiver of the remaining balance of his debt, amounting to $355.36, Mr. Winfield asks that, in the event we affirm the Claims Group's determina- tion, he be relieved of the interest payments of $214.40 charged by the Navy in July 1986 on the amount due. Based on our review of the record, we agree with the Claims Group's determination denying Mr. Winfield's request for a complete waiver. With regard to the interest charges, Mr. Winfield was correct in his belief that no interest should have been assessed on the claim during the period his request for waiver was pending. BACKGROUND Mr. Winfield was discharged from the Navy on November 26, 1982. On November 13, 1981, he had received a payment in the

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