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B-207741 1 (1982-07-20)

handle is hein.gao/gaobadkmy0001 and id is 1 raw text is: DCIUION THU UflMPTROLLU14 OWNUA Op THi UI'.'tr STATIUE!l101 WAHINCITON, O.C., *OU4U FILE B-207741 DATE: July P0, 1982 MATTER OF: Lieutenant Commander James A. Aldridgo, USN DIGEST: A Navy officer with 10 years of service lost his eligibility for flight pay, but because of an administrative error he continued to receive it for 23 more inonths. He seeks to have the resultirg debt waived. While ie received a pay increase and some per diem at about the time he lost entitlement to flight pay, this wa' not sufficient to account for the amount of increase in pay he roceived at a time when he should have expected the loss of the substantial flight pay payments. He should have been aware he was receiving more pay than he was entitled to and requeste6 a detailed explanation. Since he did not do so, he is considered at fault and his u-bt may not be waived, Lieutenant Comander James A. Aldridge, USN, requests reconsideration of the denial of waiver of is e3,772.17 debt to the Govenrment resulting from overpay.ments of flight pay. Our Claims Division denied his waiver request and his appeal of that denial was forwarded to us. We find that under the circumtanceo Commander Aldridge should have known he was being overpaid, and accordingly we sustain the denial of waiver, Ij ci I I In 1973 Commander Aldridge (then an ensign with over 9 years of service) was participating in flight riing school end was receiving flight pay In the amount of $155 per month. In November 1973 he was removed from flight training status and con- sequently losc his eligibility for flight pay. See 37 U.4.C. * 301(a) (1970). Due to administracive errcr, however, he con- tinued to receive the pay, which later increased to $170 p.r month. Commander Aldridge claims he was not aware the flight pay :on- tinued until he requested a breakdown of his pay and allowances on October 15, 1975, for other ransons, During this 23-month period he received flight pay totaling $3,777.17 to which he was not entitled, Under 10 U.S.C. 5 2774 the Comptroller General may waive debts arising out of erroneous pnyments to service rembers when collec- tion would be against equity nd good conscience and not in the best Interests of the United States, Hiever, the statute does not

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