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B-271983 1 (1996-12-03)

handle is hein.gao/gaocrptaehd0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Danny J. Oldland File: B-271983 Date: December 3, 1996 DIGEST A military member received erroneous payments of an overseas housing allowance, basic allowance for quarters, and a cost of living allowance at the with dependent rate after he and his wife had separated and moved into separate quarters off base. Partial waiver was granted under 10 U.S.C. § 2774 (1994) for the period prior to their execution of a formal separation agreement because the member reasonably may not have been aware that he was not entitled to the allowance at the with dependent rate. However, waiver was denied for the remaining period because the separation agreement provided that there would be no spousal support and there was no showing that he actually supported her. On appeal, since the member has not established that he provided support to his wife during the period after executing the separation agreement, the action denying waiver for that part of the debt is sustained. DECISION This decision responds to correspondence from Stephen J. Dunn, Esq., who is seeking reconsideration of Settlement Z-2927601, Nov. 8, 1994, on behalf of Mr. Danny J. Oldland. That settlement denied waiver of a part of Mr. Oldland's debt due the United States. We conclude that the settlement was correct and is sustained. Mr. Danny J. Oldland, while a member of the United States Air Force stationed at the Kadena Air Force Base in Okinawa, Japan, and living on base with his wife, was receiving an overseas housing allowance, basic allowance for quarters, and a cost of living allowance at the with dependent rate on her behalf. On September 17, 1990, they separated. Following that separation, they moved into separate quarters off base and on December 12, 1990, they executed a formal separation agreement. The member continued to receive these allowances at the with dependent rate until August 29, 1991, when it was first learned by appropriate authority that he and his wife had separated. On investigation, it was determined that he was not entitled to these allowances after September 17, 1990, and that he had been overpaid $9,049.07. 850122

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