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B-196637 1 (1980-02-27)

handle is hein.gao/gaobadian0001 and id is 1 raw text is: - 01 ,41 0 THE COMPTROLLER GENERAL DECISION. . OF THE UNITED STATES WASHINGTON, D. C. 20548 AS FILE: B-196637 DATE: February 27, 1980 MATTER OF: Petty Officer Hen DIGEST: ry T. Howard, USN A service member who was paid BAQ during a period he occupied Government housing whose bimonthly pay was not appropriately reduced should have known that the payment was erroneous and he may not have his debt waived. Further, financial hardship alone resulting from collection is not sufficient reason for a member to retain payments that he should have known did not belong to him. Petty Officer Henry T. Howard, USN, requests recon- sideration of our Claims Division's July 9, 1979 denial of his application for waiver of his debt to the United States in the total amount of $6,358.22. The debt arose from erroneous payments of basic allowance for quarters (BAQ) made to him while occupying Government quarters in San Diego, California. The denial is sustained. The record shows that Mr. Howard occupied Government quarters on December 10, 1973. Due to administrative error, the documents assigning him to these quarters were not received by the disbursing officer and payment of BAQ to which Mr. Howard was not entitled while occupying Government quarters was not stopped as it should have been. 37 U.S.C. 403(b).(1976). As a result he was erro- neously paid BAQ for the period December 10, 1973, through April 26, 1977, in amounts ranging from $136.60 to $183 per month. Mr. Howard, in his original request for waiver, indicated that after he was assigned Government quarters in December 1973 his net pay decreased in an amount equal to half of his current BAQ and that he assumed there was no difficulty on the part of the local housing office, in notifying his disbursing officer of the appropriate pay action. Further, he stated that he visited the : housing office on June 10, 1974, in an attempt to move to better quarters and was informed that the appropriate paperwork to stop his BAQ had been executed the previous December when he moved into the Quarters. He also

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