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B-214770 1 (1984-05-14)

handle is hein.gao/gaobadlrt0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OP THE UNITEO UTATES 9 WASHINGTON. O.C. 2054U FILE: B-214770 DATE: may 14, 1984 MATTER OF: Ronald W. Dvorak DIGEST: A Navy member received erroneous payments of a Basic Allowance for Quarters due to administrative error during a period when he was occupying Government family quar- ters. His Leave and Earnings Statements during the period clearly showed he was receiving Basic Allowance for Quarters. Although he initially questioned the accuracy of his pay, he did not advise finance personnel that he was receiving the quarters allowance while living in Government quarters until 7 months after the erroneous payments began. Therefore, he was partially at fault in the .matter in failing to promptly notify the finance officer that he was occupying Government quarters and not entitled to Basic Allow- ance for Quarters, thus precluding waiver of the Government's claim against him for refund of the overpayment. This action is in response to a request for review of our Claims Group's denial of the application for waiver of Mr. Ronald W. Dvorak's debt to the United States in the amount of $1,505.17. The debt arose from erroneous payments of a basic allowance for quarters that Mr. Dvorak received while a Petty Officer in the United States Navy Reserve on active duty during the period June 6, 1979, through Febru- ary 15, 1980, when he and his family were residing in Government quarters. In light of the facts presented, and the applicable provisions of law, we sustain our Claims Group's action in this matter. Background Under the pay and allowance system applicable to members of the uniformed services either Government living quarters are provided or a quarters allowance is paid. A service member who is provided with Government quarters adequate for himself and his dependents is not entitled to a basic allowance for quarters. 37 U.S.C. 403(b).

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