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B-212477 1 (1983-09-19)

handle is hein.gao/gaobadlhw0001 and id is 1 raw text is: DECISION ! FILE: B-212477 THE COMPTROLLER GENERAL OF THE UNITEO STATES WASHINGTON, O.C. 2054B 8 2 DATE: Senvember 19, 1980 MATTER OF: Bobby James McGee DIGEST: Former member seeks waiver of a debt which arose as a result of with-dependents basic allowance for quarters which he received on account of his mother, who did not qualify as his dependent. Since he was timely in- formed of her ineligibility as his dependent for the purpose of his entitlement to the allowance, he was on notice of the overpay- ment and, therefore, is not without fault in the matter. Waiver of his debt is denied. This action is taken in response to the appeal of Mr. Bobby James McGee of our Claims Group's August 21, 1979 denial of waiver of the Government's claim against him. Upon review of this case we find that waiver of the Government's claim is not warranted. Mr. McGee, a former Navy member, initially sought waiver of the Government's claim which arose from erro- neous payments he received in the amount of $3,223. Of that amount, $98.65 could not be identified by the Navy. This Office concluded that since that portion of the overpayment could not be characterized, Mr. McGee would not reasonably have known he was being overpaid. Therefore, that part of his debt was waived. The balance of Mr. McGee's indebtedness, $3,124.35, was paid to him between March 13, 1974, and July 15, 1976, as basic allowance for quarters at the with- dependent rate on account of his mother, whom he had claimed as his dependent. A basic allowance for quar- ters at the with-dependents rate was credited to his pay account, effective March 13, 1974, although the Navy Family Allowance Activity had not made the requisite dependency determination. On May 23, 1974, that activ- ity determined that he was ineligible for the allowance at the with-dependents rate because his mother did not qualify as his dependent. Mr. McGee and the disbursing

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