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B-192380 1 (1978-11-08)

handle is hein.gao/gaobadgoc0001 and id is 1 raw text is: nCetSICN ~ THE COMPTROLLER GENERAL OF THE UNITED STATES WASH NG TON. 0 C. 20549 DATE: November 8, 1978 FILE: B-192380 MATTER OF: Petty Officer Ronald H. Frayo, USN4 DIGEST: Service member receiving erroneous payments of BAQ due to administrative error during a period he and his dependents occupied Government quar- ters, who failed to question the accuracy of his pay after being alerted by information on his Leave and Earnings Statements (LES's), is not without fault in the matter so as to permit waiver of the indebtedness. Waiver may be granted for period prior to such information regarding BAQ payment being included on his LES. Further, financial hardship, alone, resulting from collection is not a sufficient reason fcr a member to retain the payments that he should have known did not belong to him. This action is in response to a letter dated February 23, 1978, from Petty Officer Ronald H. Frayo, USN, which consti- tutes an appeal to action by our Claims Division dated September 2, 1977, which denied his request for waiver of the claim of the United States against him in the gross amount of $2,994.66. The debt arose from erroneous paymentsof Basic Allowance for Quarters (BAQ), at the with dependent rate, he received during a period he was not entitled to BAQ because he and his dependents occupied Government quarters. The record shows that the member occupied Government quarters on September 28, 1973. Due to administrative error, credit for BAQ at the with dependent rate continued through June 30, 1973, resulting in the overpayment. Petty Officer Frayo's request for waiver was denied because he was found to be at least partially at fault in the matter since his pay record for the second half of 1973 shows fluctuating amounts but a much smaller decrease than the amount he should have expected as attributable to loss of BAQ. Therefore,-it was determined that he knew or could be expected to know that he was receiving pay to which he was not entitled. In such a case he has a duty to retain the erroneous amounts for refund to the 251

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