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B-194233 1 (1979-09-12)

handle is hein.gao/gaobadhoz0001 and id is 1 raw text is: 


                          THE COMPTROLLER GENERAL
  DECISIOIl .OF THE UNITED                    STATES
                          WASHINGTON, OC. 20548



  FILE: B194233               DATE:  September 12, 19T9

  MATTER  OF:                            Rbis      S
             Petty Officer Christopher C. Robbins, USN

 DIGEST:         AC-
         Although Navy enlisted member received
         a substantial increase in his monthly pay
         for 5 months due to erroneous payments of
         basic allowance for quarters (BAQ), and
         brought the matter to the attention of
         the disbursing clerks who assured him that
         his pay was correct, the member is not without
         fault in this situation since any unexplained
         substantial increase in his pay should have
         alerted him to the possibility that he
         was being overpaid and he should have pursued
         matter until a satisfactory explanation had
         been given. Therefore, waiver of the debt
         is denied.

    By letter of January 4, 1979, Petty Officer Christopher C.
Robbins, USN, requests reconsideration of our Claims
Division's denial of hisgrequest for waiver of bscaa-imd-
ia                              arising out of erroneous
payments of  eeealowance-     -received
incident to his service in the United States Navy. For
the following reasons Mr. Robbins' request for waiver
must be denied.

    Mr. Robbins' debt arises from erroneous payments of
BAQ at the with dependent rate made to him during the
period July 1, through November 30, 1976, while he was
occupying Government quarters. See 37 U.S.C. 403(b). The
erroneous payments were caused by administrative error
when Mr. Robbins' pay account was converted to the Joint
Military Pay Systems (JUMPS).

    Our Claims Division after considering the Navy report
on the matter, which did not recommend waiver, denied the
request for waiver on the basis that when Mr. Robbins
received his paycheck on July 15, 1976, in the amount of
$321 he should have requested a full pay breakdown to verify
the amount since his previous paycheck was for $180. Failure
to do so caused him to be partially at fault.

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