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B-194738 1 (1980-02-29)

handle is hein.gao/gaobadiar0001 and id is 1 raw text is: . I I FILE: B-194738 DATE:February 29, 1980 MATTER OF: Lieutenant Commander Melvin W. Mills, USN, Retired Considering the amount of the overpay- ments, a service member who received erroneous payments of flight pay at a time he was not qualified to fly and did not fly should have known that he was receiving excess payments, and that he would be reauired 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. Lieutenant Commander Melvin W. Mills requests recon- 'deration of our Claims Division's September 26 1978 n f -p- i for waiver of 4hi debtjto the U n e6dSEes in e al amount of $6,007.50. The / C . T ebt arose from erroneous payments of flight pay made to him incident to his service in the United States Navy. The denial of waiver is sustained. While serving as a lieutenant commander in the Navy, Mr. Mills through disbursing error was paid flight pay during the period August 15, 1973, through September 15, 1975, when he did not fly and while not physically qualified for duty involving the actual control of aircraft. Mr. Mills, in his original request for waiver, contended that he did not know or suspect that he was being overpaid; that although he was medically grounded, he was transferred in September 1973 with orders to duty involving flying for operations and training; and that he was never officially notified that by failing to meet flight time minimums, he forfeited flight pay. Further, he stated that after his transfer, he was informed that certain officers were not required to meet flight minimums and he believed that he remained DIGEST: THE COMPTROLLER GENERAL DCIi. O= THE UNITED STATES WASHINGTON, D.C. 20548 44;4 \ VH

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