About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-234253 1 (1989-05-04)

handle is hein.gao/gaobadnlb0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20648 Decision Matter of: Commander Clayton H. Spikes, USN (Retired) File: B-234253 Date: May 4, 1989 DIGEST A retiring service member who received an unexplained payment from the Navy through administrative error after his retirement should have known that the payment was erroneous and that he would be required to refund it. Since he did not contact the appropriate Navy officials to question the payment, he is not without fault. His fault precludes' waiver of the debt under 10 U.S.C. S 2774. DECISION Commander Clayton H. Spikes, USN (Retired), requests reconsideration of our Claims Group's denial of his application for waiver of his debt to the United States in the amount of $797.90. The debt arose from an erroneous payment he received after his retirement from the Navy. For the reasons presented below, we sustain the Claims Group's determination. Commander Spikes retired from the Navy on October 30, 1986. At that time he received his normal end-of-month pay for October plus a lump-sum leave payment to settle his active- duty pay account. Through administrative error, he received an additional $797.90 on November 14, 1986. Clerical errors in computing his final active-duty check caused a further overpayment of $33.95, but the Claims Group waived that amount, since Commander Spikes had no way of knowing that errors had been made with respect to that amount. The Claims Group refused to waive repayment of the $797.90 on the grounds that Commander Spikes had no reason to expect money from the Navy at that time and should have questioned his receipt of it. We have authority under 10 U.S.C. 5 2774(a) to waive repayment of a claim against a present or former service member arising out of an erroneous payment to the member

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most