About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-196460 1 (1980-02-13)

handle is hein.gao/gaobadtrk0001 and id is 1 raw text is: DECISION '- FILE: B-196460 MATTER OF: Major DIGEST: THE COMPTROLLE0 GENE A O F T HE UNTE u ytis-bA T WAS H t N G TON, 0. C. 2*0549 DATE: February 13, 1980 ARNG Army National Guard officer's request for waiver of his debt to the United States acising out of erroneous payments of military inactive duty training pay must be denied, where it appeared that he received the erroneous payments in contra- vention of basic National Guard regula- tions with which he should have been familiar. Under the governing provisions of statutory law, waiver is authorized only if it is established that the service mem- ber could not have reasonably known he was being overpaid at the time he received the erroneous payments. 10 U.S.C. 2774 (1976). Major , ARNG, ., requests reconsideration of our Claims Division's denial of his request for waiver of the Government's claim against-him resulting from erroneous payments of military inactive duty training pay he received for the period from Decem- ber 1973 through August 1974. In view of the facts presented, and the applicable provisions of law and regu- lation, we sustain the Claims Division action. Major was called to active duLy for training (ADT), during the following periods in 1974: Janu- ary 2-31, February 4-28, May 1-31, July 15-August 16, and August 19-September 30. He received active duty military pay and allowances during those periods. Major 's Army National Guard unit held regularly scheduled weekend inactive duty training assemblies at various times while he was on active duty, and it appears that he did inactive duty equivalent training in lieu of those regularly scheduled unit assemblies. Major performed individual equivalent training as follows: December 28-29, 1973, in lieu of unit assemblies on January 26-27, 1974; February 1-2, 1974, in lieu of unit assemblies on February 9-10, 1974; June 20-23, 1974, in lieu of unit assemblies on July 27-28

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most