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B-198169 1 (1980-10-22)

handle is hein.gao/gaobadiqk0001 and id is 1 raw text is: I 0U'LER 6 4(A coTHE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES & WA SH IN GTON, O.C. 20548 ILE: B-198169 DATE: October 22, 1980 MATTER OF: Chief Warrant Officer Gordon D. Grampp, USN DIGEST: Navy warrant officer's debt resulting from an erroneous payment of separate rations may not be waived since con- Ssidering his status and years of service at the time of the payments he should have known that he was not entitled to receive separate rations. Therefore when he received his leave and earnings state- ments which indicated that he was being paid separate rations he had a duty and obligation to return the payments or set them aside for refund until such time as te-o nrn1-i n erronr was crrecte Chief Warrant Officer Gordon D. Grampp, United States Navy, requests teconsideration of our Claims Divi- sion's-denial of his application for waiver of the claim of the United States against him in the amount of $808.14 resulting from erroneous payments of separate rations made to him while he was concurrently r-eseiving a basic allow- ance for subsistence as an officer-,For the following reasons the claim against Mr. Grampp may not be waived and the action taken by our Claims Division is sustained. In January 1976, Mr. Grampp returned to Charleston, South Carolina, after an 8-month deployment in Greece. In April 1976, he was deployed to the Island of Guam. In June 1976, he returned to Charleston but was deployed again in September 1976 to Scotland until April of 1977. In November 1976, Mr. Grampp was informed that he was suspected of being overpaid for the period January 16, 1976, through Nove be r 30, 1976. This was later confirmed in February 1977.QThe overpayments were the result of his concurrently receiving payments for separate rations and basic allowance for subsistence as an officer. Since Mr. Grampp has permanent officer status he is only enti- tled to receive basic allowance for subsistence based on a monthly rate and not separate r tions which are paid on a daily basis to enlisted members. 37 U.S.C. § 402(b) and (c) (1976). o r - OT

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