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B-231476 1 (1988-07-12)

handle is hein.gao/gaobadndp0001 and id is 1 raw text is: The Comptroller General of the United States A. Washington, D.C. 20548 Decision Matterof- Frederick N. Puglisi File: B-231476 Date: July 12, 1988 DIGEST A former Navy member's failure to notice and seek corrective action regarding the Navy's erroneous calculations of his leave balances, resulting in overpayments to him, precludes the Comptroller General from waiving his indebtedness to the government under 10 U.S.C. § 2774 where the member reason- ably should have recognized the errors. By regulation, however, interest on such indebtedness does not accrue while the waiver request is pending. DECISION This decision is in response to an appeal from our Claims Group's action of March 30, 1988, denying a request for waiver submitted by a former Navy member, Frederick N. Puglisi, of the debt he incurred as the result of military pay and allowance overpayments. Mr. Puglisi is also concerned whether he will be qiven time to make payment and whether he will be assessed interest and/or penalties should we deny his waiver request. We sustain the Claims Group's denial of Mr. Puglisi's request for waiver. The Navy, in accord with its regu- lations, will not assess interest during the period the request for waiver was pending. Moreover, it appears from the record that the Navy will permit Mr. Puglisi to make a partial payment if he submits a plan to pay the rest of the debt in regular monthly installments. BACKGROUND Mr. Puglisi was discharged from the Navy on March 6, 1981. He had been granted 52 days of leave from January 12 through

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