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B-236270 1 (1990-01-26)

handle is hein.gao/gaobadnrd0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Andrew J. Jossis File: B-236270 Date: January 26, 1990 DIGEST A discharged service member's request for waiver of his debt arising because of failure to liquidate advance payments made to him may not be considered for waiver under 10 U.S.C. S 2774 since only erroneous payments may be considered under that statute and these payments were valid when made. Resuming regular payments prior to liquidation of the advance does not change the regular payments or the advance into erroneous payments. DECISION Andrew J. Jossis requests reconsideration of his application for waiver of an indebtedness of $727.67 claimed by the U.S. Navy for overpayments resulting from uncollected advance payments. His request for waiver was denied by our Claims Group. We uphold that denial on the following basis. Mr. Jossis was advanced nine payments in August 1982 totaling $4,266, representing pay and allowances for a 4-month period August 15, 1982, through December 15, 1982. The record is silent as to why the advances were made. He did not receive any pay until November 12, 1982, when he began receiving regular pay. He should not have received his regular pay until the end of December 1982 when his advance would have been fully liquidated. The Navy contends that as a result the regular payments he received prior to the liquidation of the advance were erroneous. A short time prior to his separation it was determined that he owed the government $1,176. This debt was partially liquidated leaving an indebtedness of $727.67 at the time of his discharge, July 29, 1983. On February 20, 1984, the Navy notified him of the indebtedness. The former member claims that he believed the debt had been offset against amounts owed him since he received only travel pay at his separa- tion. / Y e

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