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B-233347 1 (1988-12-16)

handle is hein.gao/gaobadnil0001 and id is 1 raw text is: %The Comptroler General S of the United States Wasahitou, D.C. 2048 Decision Lieutenant Wanda S. Janus - Debt Collection - Matterof: Waiver File: B-233347 Date: December 16, 1988 DIGEST A service member was paid Basic Allowance for Quarters (BAQ) while assigned to the Officer Indoctrination School in Pensacola, Florida, at the rate of $373.70 per month for the period September 1, 1985, through November 30, 1985. She was actually entitled to BAO at the rate of $238.50 from September 1, 1985, through September 13, 1985, and at the reduced rate of $7.48 per month after occupying government quarters on September 14. Repayment of the $380.35 overpayment for September is waived since the member did not receive Leave and Earnings Statements (LES) for that period and could not have known that she was being overpaid. Repayment of $441.29 cannot be waived, however, even though she did not receive an LES, since a member with a number of years of service should have known that her pay should have decreased substantially upon moving into qovernment quarters. The member, therefore, is partially at fault for the overpayment. DECISION Lieutenant Wanda S. Janus appeals our Claims Group's partial denial of her request that an $821.64 overpayment to her be waived. We agree with our Claims Group's decision waiving repayment of $380.35 and disapproving waiver of $441.29. Following a number of years of service Lieutenant Janus was commissioned as a Limited Duty officer on September 1, 1985, and was assigned to the Officer Indoctrination School in Pensacola, Florida. She was paid BAQ while stationed there at the rate of $373.70 per month for the period September 1, 1985, through November 30, 1985. She was actually entitled to BAQ at the rate of $238.50 from September 1, 1985, through September 13, 1985, and at the partial BAQ rate of $7.48 per month after occupying government quarters on September 14. The resulting

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