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B-239275.3 1 (1992-04-01)

handle is hein.gao/gaobadoap0001 and id is 1 raw text is: 14u3t>L Comptroller Genera) of the United States W&inan, DC, 20648 Decision Matter of: Major Terrence W. Alligood, USAR rile: B-239275.3 Date: April 1, 1992 DIGEST Indebtedness .esulting from erroneous payments of accrued leave caused by improper separation may be waived pursuant to 10 u s.c. § 2774 to the extent payments may not be set off against later accrued leave. Request for waiver must be received within 3 years of discovery of overpayment, DxCISION :Major ,Terrence ;Wt Alligood, *United States Army ,Reserve, requests waiver of a debt resulting from an erroneous payment of 47 .days of unused accrued leave incidenttohis involuntary separation from active duty in 1975. His application for waiver is granted. On ,March t6, 1985, tthe Army iBoard for ,Correction tof 'Military Records ((ABCMR) !found ithat the 1975 :separation ,was improper and kthat 'his :records ,should )be corrected ito reflect discharge on February :28,, 1977.. The ABCMR's recommendation was approved iby the Secretary of the Army on :March :20, 1985, and tthis action ,was upheld iby ithe Court of Claims in 1987.' On-:August .28, :989, the Wnited ,States IFinance and Accounting ;Center ((now iDefense iFinance ;and ,Accounting :Service- Indianapolis (Center),, !proposed -a settilement ito Major .A'l'ligood An consequence (of the (actions (of tthe :ABCMR and (Clalms (Court., That 1prcposa1, .which was Adrafted ton August :25, 1989,, contained the 'first definite (determination by an appropriate official 'that 1a (debt resulted 'from the erroneous payment of unused ,-accrued leave incident to Major All'igood' s 'improper -separation. Major Alligood objected to the proposed settlement, and in February 1990, the file was forwarded to our Claims Group for settlement. In our decisAon Malor Terrence T.W. 'Al1,'igoodiUSAR, !B-2392751 Feb,. 19,1 1991, we 'held, among other things, that leave payments from improper separations are erroneous and must be recouped. However, we stated that a member may request iSee Allicjood v. United States, 14 Cl. Ct. 11 (1987). w

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