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B-182846 1 (1975-11-14)

handle is hein.gao/gaobadusz0001 and id is 1 raw text is: .... THE COMPTROLLER GENERAL DECISON // IBI N OF THE UNITED STATES FILE: D,182846 OATE:N0V 14 1975 MATTER OF: Request for waiver of Indebtedn 4es Lieutenant Cohader DIGEST: :1I. Determination disallowing service member' a request for waiver of indebtedness pursuant to 10 U.S.C. 2774 is affirmed where record shown that applica- tion for waiver was not received within three years of date of discovety of overpayments. 2, A membor who has a 40 allotwmt deducted from his pay and whose pay is suddenly adt substantially in- creased by $00 a month for a fifte4-monuth period* In.;spit of fluctuations in his pay ust be consid- ered to be at fault in not realizing that such increased payments may be it error at least to have uased him to proptly investigate the matter. As * result, this Office is precluded by 10 U.S.C. 2774 (b)(1) from walving the overpaymAnts. This action is in respoise to a letter, with enclosures, from 1ieutnunt C eander , USN2 ) which -onstitutes n appeal from the dete=iation by the Transportation and Claims Dvision of this Officeo which by letter dated March 20, 1974, denied the member's request for a waiver of the Claim of the United States against him in the amount of $6,000, The file in Lieutenant conder case shows that dring the semiantIal transition of his pay records at the end of 1968, a deduction for a $00 monthly dependent' a allotment, which he had authorised, was inadvertently not entered on his January 1969 --and hwce*tng pay records. The allotment wontiw d to be paid for fifteen onmts before the lak of entry was discovered in Septem- ber 1970 and notification of the indebte4nuss was made to the officer on eptember 17, 1970. By Letter dated October 40 1973s addressed to the Dirmctor, Navy Family llowane Activity, Cleveland, ohiot the officer requested waiver of all or part of the indebte dnss, The officer's -request for waiver ws forwarded, together with fm 6adiuistrative report on the matter, to the Transportation and Cleus Division of this Office by the ft~vy Family Allovance Activity, - Y !.etter dated December 10, 1973. The Navy report contained the ?eceftAatiou that the officer's request for waiver be denied since the cla.was not roeived within three years from the 4ate of discovery of the overpayment as provided by 10 U.S.C. 2774*f/ * . *..~~~cg:~4;&; s'.''~A)>fl~..'~ ?.~ *. .fl S~.....,.*...... iomtrsr - L-- P r L-

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