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B-229296 1 (1988-08-17)

handle is hein.gao/gaobadnef0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Lieutenant Commander William P. McCarthy, USN Matterof- (Retired) - Overpayment Upon Retirement - Waiver Request File: B-229296 Date: August 17, 1988 DIGEST Service member who received an excessively large final separation payment upon retirement which included a dupli- cate semimonthly pay and allowances payment should have known that the payment was erroneous, since it properly should have included only lump-sum leave, the approximate amount of which he knew. Since he accepted the payment without questioning it, he is not without fault in the matter so as to permit waiver of his debt. DECISION This is in response to an appeal of our Claims Group's action of July 13, 1987, denying a request for waiver submitted by a retired Navy member, Lieutenant Commander William P. McCarthy, of a $1,456.98 overpayment received by him upon retirement. Commander McCarthy received a final separation payment of $6,244.27 when he retired on August 31, 1983, even though he was entitled to receive only $4,787.29. The correct amount represented 59 days lump-sum leave and related allowances. Both the Department of the Navy and our Claims Group denied waiver. In light of the facts presented and the applicable provi- sions of law, we sustain the denial of waiver. Commander McCarthy states that he was scheduled to retire on July 1, 1983, and in connection with his retirement process- inq he was shown a check by the disbursing clerk on June 29, 1983, in an amount of approximately $5,800. He was extended on active duty, however, through August 31, 1983, rather than being retired on July 1. His regular pay was continued in connection with his retention on active duty, including payment to him of $1,457 for the latter part of June 1983. Upon his retirement on August 31, he was paid a lump-sum payment which erroneously included the $1,457 which he had already received for the latter part of June.

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