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B-234426 1 (1990-02-23)

handle is hein.gao/gaobadnrt0001 and id is 1 raw text is: The Comptroler General of the United States Wa angto, D.C. 20548 Decision Matterof: Linda S. Bailey - Request for Waiver of Debt File: B-234426 Date: February 23, 1990 DECISION Linda S. Bailey asks that we reconsider our Claims Group's denial of her request for waiver of her indebtedness to the government in the amount of $1,462.61, which arose from the required repayment of a Selective Reenlistment Bonus (SRB) that Ms. Bailey had received while in the Air Force. The Claims Group denied Ms. Bailey's request that the debt be waived on the grounds that the debt did not result from an erroneous payment under 10 U.S.C. S 2774, the statute that authorizes waiver. In requesting reconsideration, Ms. Bailey disaqrees with the Claims Group's position, and points out that before her discharge she had made several good faith attempts to inform the proper officials that inadequate amounts were being withheld from her pay to repay the reenlistment bonus as required. Ms. Bailey's argument apparently is that if those officials had listened to her, enough money would have been withheld from her pay by the time of her discharge that she would not now be faced with a $1,462.61 debt. We affirm the Claims Group's decision. Ms. Bailey, then a sergeant in the Air Force, reenlisted for 6 years on March 28, 1983, and received an SRB in the amount of $5,642.79. She was discharged on September 16, 1985, before completing her enlistment, and therefore was required to repay a prorated portion of the SRB. Shortly before her discharge Ms. Bailey recognized that the Air Force's calculation of the amount to be repaid was too low, but was unable to convince agency officials. The Air Force withheld two-thirds of Ms. Bailey's next to last check, and all of her last one, to recoup $1,717.78 of the bonus. It was not until after Ms. Bailey was discharged that the Air Force determined that the actual amount owed was $3,180.39. The agency informally advised Ms. Bailey f her further indebtedness approximately 1 month after she

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