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B-195890 1 (1980-02-07)

handle is hein.gao/gaobadhze0001 and id is 1 raw text is: C, DECISION . FILE: B-195890 (Z? THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20548 [DATE: February 7, 1980 MATTER OF:. Petty Officer Henry J. Hulbert, USN DIGEST: Service member receiving erroneous payments of pay due to overpayment of monthly allot- ment through administrative error, 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 indebtedness. Further, financial hardship, alone, resulting from collection is not a sufficient reason for a member to avoid payment of allotments made on his behalf that he should have known did not belong to him. Petty Officer Henry J. Hulbert requests reconsideration of our Claims Division's September 2, 1977 denial of his application for waiver of hddebtto the United States in the total amount of $2,520. The debt arose from erroneous payments of a monthly allot- ment made on his behalf incident to his service in the United States Navy during the period July 1974 through January 1975. The denial of waiver is sustained. While serving as an airman apprentice in the Navy, Petty Officer Hulbert had a $60 allotment payable to his mother, Mrs. Sarah Battley, which he reduced to $40 a month effective July 1974. However, through disbursing error, payments of the allotment were made for $400 each month from July 1974 through January 1975 while deductions from his pay were made at the $40 rate, resulting in overpayment and the subsequent indebtedness. Petty Officer Hulbert, in his original request for waiver, contended that he did not know or suspect that he was being over- paid, that he did not notice any change on his Leave and Earnings Statements (LES's), that his 1974 Statement of Earnings (W-2 Form) does not reflect the overpayments, and that repayment would result in financial hardship. In the appeal, it is also contended that he has made payments on the debt since January 1975 and since \~\S1l IOZAZ: _6

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