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B-200297 1 (1981-07-24)

handle is hein.gao/gaobadjot0001 and id is 1 raw text is: DECISION I FILE: B-200297 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: July 24, 1981 MATTER OF: Gregory S. Heenan - Request for Waiver DIGEST: (1) Where former Air Force member was aware of excess leave status request for waiver under 10 U.S.C. § 2774 of the Government's claim for erroneous payments made in connection with his excess leave must be denied; the responsibility for failing to remain within the leave balance lies with the member, and he is, therefore, at least partially at fault for the erroneous payments. (2) Pay and allowances received in connection with advanced leave are proper payments when made, even though the advanced leave later becomes excess leave due to early separation, and as a result amount required to be paid back by member may not be con- sidered for waiver under 10 U.S.C. S 2774. This action is in response to a letter dated May 5, 1980, addressed to the Air Force Accounting and Finance Center, Denver, Colorado, from Mr. Gregory S. Heenan, a former member of the United States Air Force, appealing the settlement dated August 28, 1979, of our Claims Divi- sion. Mr. Heenan was denied a waiver of the Government's claim against him for pay and allowances received for periods of excess leave. The record discloses that Mr. Heenan was granted a hardship discharge on April 25, 1977, due to the illness of his dependent mother-in-law. The dependent's previous illness had caused Mr. Heenan to use extensive emergency leave and as a result he was in an excess leave situation at the time of separation. On that date, he became in- debted to the United States Government for a total of $1,882.97; $1,266.74 representing 52 1/2 days advance leave which became excess leave on his early discharge and $616.23 for an additional 25 days excess leave. Section 2774 of title 10, United States Code (1976), provides authority for the waiver of claims arising out of 7 e le-i5 O - 0M

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