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B-183460 1 (1975-05-28)

handle is hein.gao/gaobadtlc0001 and id is 1 raw text is: 0O THE COMPTROLLER GENERAL osCiI9I N - OF THE UNITEO STATES 776 ' WA SH I N GTO N, E). C., 2 05 4 8 . tNjTFP FILE: 1483460 DATE: MY 28 175 MATTER OF: VaJvar of Lrtdobtedneu -. Sergeat flret Class USA, tatired DIGEST: Retired service meboer's debt resultins fro. rrone ous paymet of family separstion allo-• ana, type 1, ay not be waived since he knew that ontinued payment of thIs allovance after his retumi from an ovseas asigunat ias iprope. The fact that he notifled proper officials of the overpayment provides no basis for waiver of subsequent payments siucea he had a duty to set aside such paysents for eventual retitra to the United States at the tin the pay Lccouat &rrT Was corrected. Furthe-, finaucial hardship resulting free collection is uot a suffittent reason fow a meber to retain payments that he knew at the tims of reeipt 414 cot rigtfully belong to 1it, Sinc* he, had * duty to return such amounts. This action is in respotne to a letter dated lygrCh 1, 1975, to. Sergeant First Class USA, tetired, by vhich he appeals the actlon taket by the Trauepor- tattoo and Claims Divisiou of this Office, dated Z bcnry 4, 1973, which denied waiver of his indebteduess to the United States in the ant of $1,75S.47, arising out of the e r mus paymt of family separation llovae, type I (rA-I), for the peoiod Hay 8, 1973, through September 30, 1974, ncidetnt to his seonic. in the United States Amy. I)enal of waiver by our Tranportattnf end C la Division vea predicated on the informatiou then available. it appearing that while there was no iudioetion of frau or misrepresnttion on the part of the somber. a person of his ezpsrecce aid length of aervice shauld have realized that faily eparation allawsnceu should have been terminated when he eft his overseas statio and . that he was at least partially at fault for failure to inquire a to the cotrstU444ee of hS pay oftitlUtg thereafter. Sergeat cotends that in Jun 1973, he if ormed both his comaudiag officer and his finasw offieir at Fort Riley, ases, that he was still receiviug payment for YSA-I; that after d ;. d~ d.' .r' ' W

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