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B-228828 1 (1988-03-23)

handle is hein.gao/gaobadnat0001 and id is 1 raw text is: zThe Comptroller General of te United States 14Washington, D.C. 20548 Decision Matterof Barry L. Wells - Indebtedness Waiver Request File: B-228828 Date: March 23, 1988 DIGEST A former Air Force enlisted member who was voluntarily discharged early received a large unexpected payment upon discharge for final pay and leave, when he knew or should have known he was in debt to the service for the unearned portion of his reenlistment bonus. He is not without fault in the matter so as to permit waiver of the final pay overpayment. Further, financial hardship alone resulting from collection is not sufficient reason for a member to retain the payment that he should have known did not belong to him. DECISION This is in response to an appeal of our Claims Group's action of May 15, 1980, denying a request for waiver submitted by a discharged Air Force member, Barry L. Wells, of the $1,098.70 debt he incurred as the result of an erroneous payment he received. The erroneous payment occurred when he was given a final payment of pay and allowances at discharge which should have been set off against the unearned portion of his selective reenlistment bonus (SRB) the Air Force was required to recoup from him. In light of the facts presented, and the applicable provisions of law, we are sustaining our Claims Group's action in this matter. BACKGROUND Mr. Wells reenlisted in the Air Force on August 16, 1974, for a 6-year term, and qualified for and was paid a selective reenlistment bonus (SRB) of $6,688.65. On September 29, 1978, Mr. Wells was discharged from the Air Force under a voluntary early release program, having served approximately 4 years of his 6-year term of enlistment. Upon discharge, Mr. Wells received a final pay check of $1,098.70. However, this payment was erroneous, since he owed the United States $2,470.78 for the unearned portion of his SRS, and the payment should have been applied toward the amount owed to the government. 0 -f5

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