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

B-184436 1 (1976-01-22)

handle is hein.gao/gaobaddsm0001 and id is 1 raw text is: DECISION FILE: 15Q, THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 ENITrD B-184436 MATTER OF: DATE: JAN 2, C James G. Heatherley DIGEST: Where member should be aware of an erroneous credit of leave, 30 days in excess of actual entitlement, waiver under the provisions of 10 U.S.C. 2774,1must be denied, notwithstanding attempts by member to correct the erro- neous credit. This action is in response to an appeal from an action dated December 4, 1974, taken by our Transportation and Claims Division (now Claims Division) which denied waiver of the claim of the United States against Mr. James G. heatherley, in the amount of $674.40, arising out of his service in the United States Navy. The erroneous payment of $674.40 arose as a result of administra- tive error by Navy personnel in crediting him for the purposes of luMp-su!w leave payment with 43 days of leave rather than 12-1/2 (computed as 13) days at the time of his release from active duty in May 1972. The erroneous payment was discovered and collection action begun in August 1972. The total overpayment has been recovered by deduction from retainer pay due him. The Transportation and Claims Division denied Mr. Heatherley's request for waiver under the provisions of 10 U.S.C. 2774 (Supp. II, 1972) on the basis that the lump-sum payment was erroneous on its face and should have been detected by a member of the Navy of his experience and years of service. By letter dated January 1, 1975, Mr. Heatherley requests reconsideration of the Transportntion and Claims Division settle- ment. Hle indicates that 90 days prior to his release from active duty he was informed that he would receive a lump sm-payment for 43 days' unused leave. Mr. leatherley indicates that he felt that this amount of leave was higher than that to which he was actually entitled, and he requested an audit of his pay records by the Navy Finance Center in Cleveland, Ohio. The Finance Center responded that the 43 days was the correct figure. 11r. heatherley indicates that he again questioned the accuracy of the 43-day figure with the personnel office on his ship and was informed

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