About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-244513 1 (1991-12-10)

handle is hein.gao/gaobadnzh0001 and id is 1 raw text is: iComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Matter of Chief Petty Officer Manolo D. Gullaba, USN (Retired) File: B-244513 Date: December 10, 1991 DECISION This action is in response to a request forreo,.si~de ation by Manolo D. Gullaba of our Claims Group's April 19, 1991 settlement in whic his request for waiver was denied in part and allowed in part. We find no basis upon which to allow waiver of the remainder of the debt and affirm the Claims Group's action. Chief Petty Officer Gullaba was retired on November 21, 1988. At that time, he was overpaid $67.61 due to a. miscalculation of his final pay. This portion of his debt was waived since he had no knowledge or reason to suspect that a miscalculation had been made. However, on December 1, 1988, he was paid his regular active duty pay, due to a failure of the pay center to discontinue his pay. He states that since the December payment was directly deposited into his account, he was unaware of the overpay- ment until he was notified by the Navy. Our Claims Group held that since the choice to have one's pay automatically sent to one's bank is a matter of personal choice, it does not relieve that individual from the responsibility of verifying bank statements and questioning discrepancies or overpayments. Thus, the member should reasonably have known of the overpayment and should have questioned the payment of the entire amount of his regular active duty pay after he had been retired. The applicable statute, found at 10 U.S.C. § 2774 provides the Comptroller General with authri yto waive claims for erroneous payments of pay on behalf of members or former members if collection of the claim would be-against equity and good conscience and not in the best interests of the United States. Generally these criteria are met by a finding that the claim arose from an administrative error with no indication of fraud, fault, misrepresentation or lack of good faith on the part of the member or any other person having an interest in obtaining the waiver. - C

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most