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B-194171 1 (1979-09-13)

handle is hein.gao/gaobadhpc0001 and id is 1 raw text is: DECISION FILE: B-194171 ~THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: September 13, 1979 MATTER OF: Petty Officer Sidney Walker, Jr. DIGEST: Considering his rank, years of service, and the amount of the overpayments, a service member who received erroneous payments of basic allowance for quarters while he occupied Government quar- ters should have known that the payments were erroneous, and that he would be required to refund them. Therefore, he is not without fault in the matter so as to permit waiver of his debt. Further, financial hardship, alone, resulting from collection is not sufficient reason for a member to retain the payments that he should have known did not belong to him. 01P 0 Petty Officer Sidney Walker, Jr., requests reconsideration of our Claims Division's November 17, 1978 denial of his application for waiver of hts debt MA l ~~~JSac uWcttlaon $Sy&89.3zs=>4c wiobt-erc-fro~im erroneous payments of basic allow- ance for quarters (BAQ) made to him while he was occupying Govern- ment quarters. Petty Officer Walker was assigned Government quarters on March 8, 1974, and the credit of BAQ was properly terminated on his pay record. However, through disbursing error the BAQ credit was reinstated on his pay record opened July 1, 1975. As a result he was erroneously paid BAQ for the period July 1, 1975, through March 15, 1976, in amounts ranging from $158.40 to $166.20 per month. The member, in his original request for waiver, contended that in August 1975, after suspecting he was being overpaid when his pay increased, he took.his check to a disbursing clerk for verification, but that his check was returned and he was informed that the amount was correct. In his appeal, he also contends in essence that since the error was administrative, disbursing offi- cials were responsible for correcting it and, that recoupment will result in serious hardship to him and his family. Section 2774 of title 10, United States Code (1976), provides our authority to waive certain debts when collection would be Zle 4- lat'ri

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