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B-186224 1 (1976-08-26)

handle is hein.gao/gaobaddgu0001 and id is 1 raw text is: 0L' THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: AUG 13 k978 q MATTER OF: Mr. Robert D. Sloan DIGEST: Since payments to member for advance leave were valid when made and no erroneous pay- ments were made at discharge, the Government's claim for overpayments arising when the advance leave became excess leave upon early separation is not for waiver under 10 U.S.C. 2774, which contemplates forgiveness of erroneous payments only. This action is in response to a letter dated December 31, 1975, addressed to the Navy Family Allowance Activity, Cleveland, Ohio, on behalf of Mr. Robert D. Sloan, a former member of the United States Navy, in which Mr. Sloan's counsel appealed the settlement of Nlovember 6, 1975, of the Transportation and Claims Division (now Claims Division) of this Office. This settlement denied Mr. So1an's request for a vaiver pursuant to 10 U.S.C. 2774 (Supp. II, 1972) of the Government's claim against him for $603.27 representing pay and allovances received for periods of excess leave. The record shows that at the time of his discharge on August 19, 1971, Mr. Sloan had received pay and allowances during periods of advance leave which became excess leave upon his early separation from the service. An audit of the member's final pay account in January 1972 adjusted the amount of the member's debt to $624.58. This was a downward adjustment from the debt as stated at the time of discharge which also covered an unnecessary recoupment of reenlistment bonus. At the time of release the member was considered to be in debt to the United States in the amount of $1,099.18. This debt was reduced by the sum of $21.31,.due Mr. Sloan at his discharge and by $474.60 as a result of the January 1972 audit, resulting in the Government's claim in the amount of $603.27. The provisions of 10 U.S.C. 2774 permit the Comptroller General or in certain circumstances the Secretary concerned to waive claims of the United States arising out of erroneous payments of pay and allowances when such action is in the k

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