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B-197503 1 (1980-03-06)

handle is hein.gao/gaobadibg0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 2054e C.IT f, a~ql~or~ r /j'c FILE: B-19 MATTER OF: DIGEST: 7503 DATE: March 6, 1980 Seaman Teresa Zaleski4acDonald, USN Service member receiving erroneous payments of BAQ at the with depen- dent rate based on her daughter's dependency during a period when her service member spouse from whom she was separated was properly entitled to the payment is without fault in the matter, since she did not have sufficient information to determine that she was not entitled to the pay- ments, and waiver may be granted. However, when she failed to request a complete explanation of her pay after receiving an overpayment of retroactive pay and allowances, she is not without fault in the matter so as to oermit waiver of the erro- neous payment. Further, financial hardship, alone, resulting from collection is not a sufficient reason to retain the payments that she should have known did not be,long to her. Seaman Teresa (Zaleski) MacDonald, USN, requests reconsideration of our Claims Division's August 1, 1979 denial of her application for waiver of her debt to the United States in the total amount of $949.42. The debt arose from erroneous payments of basic allowance for quarters (BAQ) at the with dependent rate totaling $642.42 and an overpayment of $307 made through miscom- putation of pay and allowances based on BAQ adjustment entries on her pay account while in a transient status. Waiver may be granted for the overpayment of BAQ, but is denied for overpayment of pay and allowances. The record shows that Seaman MacDonald (formerly Zaleski) was erroneously paid BAQ at the with dependent rate based upon claiming her daughter, Maryska, as a dependent during the period January 15, through June 30, P14 1 -

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