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B-223385 1 (1987-01-16)

handle is hein.gao/gaobadmoy0001 and id is 1 raw text is: L C ..kr The Comptroller General of the United States Waahington, D.C. 20548 Decision Dennis A. Redding B-223385 January 16, 1987 037 4 DIGEST A former service member's request for waiver of his debt to the United States arising out of overpayments of a basic allowance for quarters and a variable housing allowance is denied where it appeared that he knew or suspected he was being overpaid and failed to take appropriate corrective action. He was therefore at least partially at fault in the matter, and under the provisions of the waiver statute such fault precludes favorable consideration of his application to be relieved of his repayment obligations. DECISION This is in response to an appeal of our Claims Group's denial in part of a request for a waiver of indebtedness submitted by a former service member, Mr. Dennis A. Redding. Mr. Redding's debt to the United States arose as the result of overpayments of military pay and allowances he received while serving on active duty with the Air Force. After reviewing the record of this case, we conclude that Mr. Redding was partially at fault in the matter and that consequently the denial of waiver should be sustained. BACKGROUND Mr. Redding erroneously received payments in the amount of $1,518.80 for Basic Allowance for Quarters (BAQ) and $219.96 for Variable Housing Allowance (VHA) subsequent to his divorce in July 1981, during the period from July 18, 1981, through February 28, 1982. During this period he was eligible to receive these housing allowances only at the without-dependent rates since he no longer had a wife or other dependent, but he continued to draw the allowances at the higher with-dependent rates. He indicates that he advised his local Housing Management Office of his divorce in July 1981 when it occurred. He also indicates that in Decem- ber 1981 he made an inquiry at that Office concerning the reason why the allowances had not been reduced, and he received assurances that he was being correctly paid. The error was eventually discovered by Air Force Accounting and Finance officials in March 1982. Matter of: File: Date:

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