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B-239274 1 (1990-07-12)

handle is hein.gao/gaobadntq0001 and id is 1 raw text is: Yv4 , pComptroller General of the United States Washington, D.C. 2054 Decision Matter of: James L. Grahl - Request for Waiver File: B-239274 Date: July 12, 1990 DIGEST A member who was erroneously overpaid for 12 days accrued leave when he separated from the United States Navy is not entitled to waiver of the erroneous payment where the'record does not establish that he was sufficiently diligent in questioning what he should have known was a mistake. DECISION Jeffrey L. Grahl appeals a denial by our Claims Group of his application for waiver of the United States' claim against him for $392.04 erroneously paid to him for accrued leave at the time of his separation from the United States Navy. We sustain the Claims Group's denial. Mr. Grahl was discharged from the United States Navy on November 15, 1986. At that time he was erroneously paid for 12 days accrued leave. As of June 30, 1986, he had 11 days accrued leave and up to the date of his discharge, he earned an additional 11-1/2 days. However, from May 1986 until his discharge, he used 22 days of the 22-1/2 days of the accumulated leave. At the time of discharge he indicates that on two occasions he questioned responsible officials about his leave balance but was assured that the leave balance as well as his separation pay was correct. On March 17, 1987, he was advised of an overpayment of $392.04 and the Navy's intention to collect this amount. Section 2774 of title 10, United States Code, authorizes the Comptroller General to waive a claim of the United States arising out of erroneous payments of pay and allowances made to members or former members of the uniformed services, if collection would be against equity and good conscience and not

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