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B-203213 1 (1981-12-21)

handle is hein.gao/gaobadjyg0001 and id is 1 raw text is: B-203213 THE COMPTROLLER GENERAL OF THE UNITED STATEB WASHINGTON. 0.C. 20548 DATE: December 21, 1981 MATTER OF: DIGEST: Petty Officer First Class Shelby W. Miller, USN 1. A Navy petty officer receiving erroneous payments of a Basic Allowance for Quarters due to administrative error during a period when he was occupying Government family quarters, who failed to properly question the accuracy of his pay when he received unexplained signifi- cant increases in his normal net pay, was not without fault in the matter. By statute, such fault precludes waiver of the Government's claim against him for a refund of the overpay- ments. 10 U.S.C. 2774. 2.. Neither a Navy petty officer's exemplary conduct and duty per- formance, nor his circumstances of personal financial hardship, are factors which may properly be considered in determining whether he is without fault and, therefore, eligible under the statutory provisions of 10 U.S.C. 2774 for a waiver of the Government's claim against him arising out of erroneous payments of military pay and allowances. Petty Officer First Class (FTMl) Shelby W. Miller, USN, requests reconsideration of our Claims Division's denial of of his application for waiver of his debt to the United States in the net amount of $2,973.55. The debt arose from erroneous payments of a Basic Allowance for Quarters (BAQ) that he received during the period from January 1, 1977, through April 30, 1978, when at the same time he and his family were residing in Government quarters. In light of DECISION -1 FILE:

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