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B-197275 1 (1980-03-21)

handle is hein.gao/gaobadicn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . >. OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-197275 DATE: March 21, 1980 MATTER OF: Lieutenant Commander Ronald W. Phoebus, USN DIGEST: Service member receiving erroneous pay- ments of BAQ due to administrative error during a period he and his dependents occupied Government quarters, who failed to question the accuracy of his pay after doubting his entitlement and being alerted by the information on his Leave and Earnings Statements (LES's) is not without fault so as to permit waiver of indebtedness. Lieutenant Commander Ronald W. Phoebus, U , reques reconsideration of our Claims Division's July denial of his application for waiver of his debt to the United States in the total amount of $4,753.88. The debt arose from erroneous payments of basic allowance for quar- ters (BAQ) while assigned to Government quarters. Denial of the waiver is sustained. The record shows that Commander Phoebus and his dependents occupied quarters at Khatami Air Base, Iran, on April 27, 1976. The quarters were provided by the Government of Iran under a contract with the United States Government and as such constitute Government quarters. Due to administrative error disbursing officials failed to stop payment of BAQ to which Commander Phoebus was not entitled while occupying Government furnished quarters. 37 U.S.C. 403(b) (1976). As a result he was erroneously paid BAQ for the period April 27, 1976, through Octo- ber 30, 1977, in amounts ranging from $216.60 to $301.80 per month. Commander Phoebus, in his original request for waiver, indicated that upon arrival of his dependents in Iran in April 1976, his pay entitlements were handled by an inexperienced Navy member located approximately 250 miles from his assignment; that there was some question as to entitlement to BAQ since the quarters were provided by the Government of Iran; that he did not receive Leave and Earnings Statements (LES's) promptly; and that when he I , 49 110(Io

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