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B-184514 1 (1975-09-10)

handle is hein.gao/gaobadcph0001 and id is 1 raw text is: DECISION FILE: B-184514 DATE: SEP 10 1975 ?5q9 MATTER DIGEST: OF: Request for waiver of indebtedness consideration - Mr. John J. Carson, Jr. Member who served in the uniformed services for over two years using leave at nearly the same rate as it accrued, who then took 47 days'con- secutive leave, and who did not verify his leave status through appropriate administrative channels when his leave balance erroneously reflected increasing amount of available leave rather than a negative balance, should have realized that he had used excess leave and thus had been erroneously overpaid. Therefore, a - charge against him for the excess leave used is not waived. This action is in response to a letter dated June 6, 1975, from Mr. John J. Carson, Jr., which in effect requests recon- sideration of a settlement by our Transportation and Claims Division, dated May 8, 1975, which denied Mr. Carson's request for waiver of his indebtedness to the United States which arose incident to his service in the United States Army. The record indicates that during his tour of duty in the United States Army from February 13, 1967, to April 24, 1970, Mr. Carson accrued 96 days' leave. During that same period he used 115 days' leave, an excess of 19 days, Further, regarding the final accounting for a member's leave, Army Regulation 630-5 provides that a period of excessive leave is a period during which no leave is earned. Consequently, leave credits which would otherwise accrue do not accrue during a period of excess leave. As a result, an additional 2 days of leave were properly chargeable against Mr. Carson's leave account, showing a minus leave balance of 21 days. During the excessive leave period, Mr. Carson was not entitled to, but did receive, payments of pay and allowances totalling $266.63. By letter dated January 4, 1971, Mr. Carson was advised of that indebtedness. The indebtedness was subse- quently reduced to $253.43 by a credit of $13.20 for underpayment, erroneous collection and duplicate collection of separate rations during the period May 11 through May 31, 1968. THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D. C. 20548

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