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B-247872 1 (1992-09-25)

handle is hein.gao/gaobadodw0001 and id is 1 raw text is: Comptroller General of the United States Washington, DC, 20548 tDecision Matter of: John P. Spanik File: B-247872 Date: September 25, 1992 DIGEST Former member of the Navy requests waiver under 10 U.S.C. § 2774 of his debt which arose when he was erroneously given travel advances at tls permanent duty station. The member was a newly commissioned officer who believed he was entitled to per diem and spent the funds on food and lodgings. Partial waiver is granted for payments made to the member prior to the time he was informed of the error, The portion of the debt paid to him after he became aware that he was not entitled to it is not appropriate for waiver. DECISION This action is in response to a request from John P. Spanik for reconsideration of our Claims Group's partial denial of his request for waiver of his debt under 10 U.S.C. § 2774. Mr. Spanik was erroneously given travel advances from June 25, 1990 through October 9, 1990, while he was in a temporaty duty status at his permanent duty station. He was advanced a total of $3,749. Mr. Spanik apparently incurred travel expenses in late October or early November 1990, totalling $106.70. That amount was offset from the debt, leaving a debt of $3,642.30. Our Claims Group held that Mr. Spanik had acted in good faith by accepting $715.39. However, waiver of the remaining amount, $2,926.91, was denied because he did not substantiate his meal expenses. It is our view that waiver may be granted for amounts advanced prior to October 9, however, waiver is not appropriate for the debt created by the October 9 payment. Facts Mr. Spanik was commissioned in Jacksonville, Florida on June 15, 1990. He was ordered to report for temporary duty to Jacksonville, his permanent duty station area, for additional training and subsequently to Pensacola, Florida. When he reported to Jacksonville he wasincorrectly informed

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