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B-235158 1 (1990-02-06)

handle is hein.gao/gaobadnrg0001 and id is 1 raw text is: 

  / -*      The Comptroller General
            of the United State.
(0)         Whingon, D.C. 20548
            Decision




            Matterof-  James A. Jamiel

            File:      B-235158

            Date:      February 6, 1990


            DIGEST

            A former Navy member's request for waiver of his debt to the
            United States arising out of an overpayment of pay for
            unused leave entitlement is granted. The member questioned
            the disbursing clerk and the disbursing clerk's supervisor
            and became convinced that the payment was correct. He
            therefore was without fault in accepting the erroneous
            payment.


            DECISION

            This action responds to correspondence from James A. Jamiel,
            a former Navy member, appealing the January 27, 1989
            determination of our Claims Group denying a recuest for
            waiver of the debt he incurred as the result of military pay
            and allowance overpayments.

            We conclude that Mr. Jamiel's request for waiver may be
            granted.

            BACKGROUND

            Mr. Jamiel was discharged from the Navy on ADril 1, 1985.
            According to the record, Mr. Jamiel's December 1984 leave
            and earning statement showed a leave balance of 56.5 days
            as of December 31, 1984. He earned 8 days leave from
            January 1, 1985 through April 1, 1985, for a total of 64.5
            days. The record further indicates that he used a total of
            15 days leave from January 1, 1985, through March 8, 1985.
            Mr. Jamiel's March 31, 1985 leave and earnings statement
            showed that he was entitled to receive pay for 49.0 days
            accumulated leave.

            Upon his discharge, an administrative error was committed
            crediting Mr. Jamiel with 60 days unused leave entitlement
            in the amount of $4,751.40 instead of the correct 49.5 days





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