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B-194027 1 (1979-05-17)

handle is hein.gao/gaobadhfz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 2054S FILE: B-194027 DATE: May 17, 1979 MATTER OF- Master Sergeant Charles E. Lawler, USMC §[E L, RDI\ eoL S FA)lt0 DIGEST: 1. A service member who, because of a debt arising out of erroneous payments of a dependency allotment to his spouse, seeks waiver unde,' 10 U. S. C. 2774 on the basis that the error was solely administrative since he had properly terminated the allotment, may not be allowed waiver on that basis alone. The Government has the right to recover erroneous payments; there- fore, the provisions governing waiver focus on the recipient and whether the facts in the individual case support waiver. Where it appears that a reasonable person should have been aware that improper payments were being made, the person is considered at least partially at fault, precluding waiver, if he takes no action to notify responsible officials. 2. A service member's debt due to erroneous allotment payments made to his spouse which were not deducted from his pay may not be waived since he was responsible for the support of his dependents, he and his spouse were living as husband and wife, and he reasonably should have been aware of the erroneous payments. Under 10 U. S. C. 2774, the burden of establishing that he had no reasonable basis for knowing or suspecting that erroneous payments were being made is primarily on the individual seeking waiver. Where the information provided fails to estab- lish an adequate basis upon which such a determination may be made, waiver may not be granted. 3. Where erroneous payments of pay are made to a member, recovery of amounts so paid may be made by involuntary deductions from the member's pay in monthly installments, ordinarily not to exceed two-thirds of his monthly pay. 5 U.S. C. 5514, and Rule 1, Table 7-7-6 of the DODPM.

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