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B-197108 1 (1980-10-10)

handle is hein.gao/gaobadipx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0. C, 20548 0ctorbd 10, 1980 FILE: B-197108 DATE: MATTER OF: Petty Officer John R. Neely, USN DIGEST: Navy enlisted member married to another enlisted member erroneously received BAQ at with-dependents rate on the basis of his spouse being his dependent. Although he made some inquiries about his BAQ entitlement, he is not without fault since the amount was substantial and he should have known he was being overpaid and pur- sued his inquiries. 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 John R. Neely, USN, requests reconsideration of our Claims Division's denial of his request for waiver of his debt to the United States in the amount of $1,585. The debt arose from erroneous payments of basic allowance for quarters (BAQ) at the with-dependents rate made to him based on his wife being his dependent although she was also an enlisted member of the Navy. The denial of waiver is sustained. Under the pay and allowance system applicable to members of the uniformed services a member may not receive BAQ at the with-dependents rate, on account of his spouse, for any period during which that spouse is a member who is entitled to basic pay. 37 U.S.C. 5 420. The record shows that Mr. Neely was married to an enlisted member in the Navy on September 6, 1977. Subsequently, he submitted a Dependency Application/ Record of Emergency Data indicating that his spouse was not his dependent. The form does not state that his wife was a Navy member, although it does show her address as WEQ (Women's Enlisted Quarters). Mr. Neely states he updated his Dependency Application on or about September 9, 1977, and was directed to mark 1 I 543 Tb` t3

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