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B-195006 1 (1980-09-22)

handle is hein.gao/gaobadioq0001 and id is 1 raw text is: ~ 'THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON . C. 20548 FILE: B-195006 DATE: September 22, 1q80 MATTER OF: Wesley T. Smith, RMI, USN DIGESTMember of the Navy filed a voluntary petition in bankruptcy in which he listed the Government as a creditor. Prior to the date the Petition was filed the United States was indebted to the member for accrued leave rations. Before the petition was filed the Government deducted the amount owed for leave rations from an outstanding debt the member owed the Government. The filing of the petition did not .affect thec(overnment's action to set off7 and that action effectively constituted paymtr t of the amount due the member and reduction of his debt prior to the date the petition in bankruptcy was filed. The issue in this case is whether the United States is indebted to a Navy member for leave rations which accrued prior to the date the member filed a voluntary petition in bankruptcy. Prior to the date the member filed his petition, the Navy deducted the amount owed him for leave rations from an outstanding debt the member owed the Navy. Since the Government retained the right to set off the amount owed him for leave rations against the member's debt until the date the bankruptcy petition was filed the setoff was proper and the Government is not.indebted to the member for the leave rations. The question was presented for an advance decision by J.T. Gill, Disbursing Officer, USS Merrill (DD-976), and was assigned submission number DO-N-1326 by the Department of Defense Military Pay and Allowance Committee. On March 1, 1979, Radioman Ist Class Wesley T. Smith, USN, filed a voluntary petition in bankruptcy in the United States District Court, Southern District of California. In the petition the member scheduled the United States Navy as a creditor in the amount of $1,129. The indebtedness stemmed from an overpayment

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