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B-198170 1 (1980-06-25)

handle is hein.gao/gaobadsrv0001 and id is 1 raw text is: T 'I . : [DAGEST L -/LLt- THE COMPTROLLER GENERAL DECISION OF T-HE UN.ITED STATES WASHINGTON, 0, C. 20,548 FILE: B-198170 DATE: June 25, 1980 MATTER C OIGEST: 0F: Petty Officer , USN 1. Navy member who reenlisted in 1977 after a 5-year break in service was assigned directly to duty in Hawaii and given rent-free Government housing there, but through error he was paid a basic allow- ance for quarters (BAQ) during the following year. He was furnished Leave and Earnings Statements which showed he was receiving BAQ and his application for waiver of the erroneous payments was therefore denied, notwithstanding his assertion that he did not understand the new-type pay statements, since his failure to make a reasonably prudent inquiry about his pay entitlements placed him at:fault in the matter and barred his eligibility for consideration under.the waiver. law, 10 U.S.C. 2774 (1976). 2. Neither Navy member's exemplary conduct and duty performance,.nor his circum- stances of personal financial hardship, are factors which may properly be con- sidered in determining whether he is without fault and therefore eligible for a Waiver of the Government's claims against him arising out of erroneous payments of military pay and allowances under the statutory provisions of 10 U.S.C. 2774 (1976). Petty Officer , United States Navy, , requests reconsideration of our Claims Division's denial-of his application for waiver of the claim of the United States against him for $1,686.68, resulting from erroneous payments made to him of a basic allowance for quarters (BAQ) during the period from July 15, 1977, through May 30, 1978, when he and his family were residing in rent-free Government quarters. In view of the facts presented., and the applicable pro- Visions of law, we sustain the Claims Division action. /71 H~22

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