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B-248558 1 (1992-06-18)

handle is hein.gao/gaobadoca0001 and id is 1 raw text is: Comptroler General i of the United States Washington, D.C. 20548 TDecision Matter of: LTC David 0. Chastain - Request for Waiver File: B-248558 Date: June 18, 1992 DIGEST Air Force member received family separation allowance (FSA) beyond the period when he was separated from his family. His request that the debt arising from the erroneous payment be waived is denied, where the payment was reflected as a discrete item on the member's Leave and Earnings Statement (LES), so that he had reason to know of the overpayment and should have questioned it. DECISION LTC David 0. Chastain appeals a decision of our Claims Group denying in part his request for waiver of a debt that resulted from an overpayment to him for the period from March 2 to September 27, 1991. The Claims Group approved waiver of $28 of the $515 erroneous payment of family separation allowance (FSA) on the ground that at the time of that payment LTC Chastain had no reason to know he was not entitled to FSA, but it denied waiver of the $487 balance. We affirm the Claims Group's decision. LTC Chastain continued to receive FSA after returning to the United States on March 2, 1991, following Operation Desert Storm. His leave and earnings statements (LES) for the period in question indicated that he was receiving FSA, though he no longer was separated from his family. The erroneous payment continued until discovered by finance officials in September 1991. A letter of October 22, 1991, from Colonel Chastain's local Accounting and Finance Office informed him of the error and instructed him to reimburse $515. The Air Force submitted LTC Chastain's request that the debt be waived to our Claims Group. The Air Force recommended waiver for the first erroneous payment of $28, covering the period from March 2 to March 15, because LTC Chastain did not receive a March LES showing the FSA for weeks after the payment. However, the Air Force reasoned, LTC Chastain should have questioned the FSA payment upon receiving that 046 5

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