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B-187490 1 (1976-11-09)

handle is hein.gao/gaobadsue0001 and id is 1 raw text is: 




                             THE COMPTROLLER GENERAL                340
DECISION                     OF THE UNITED STATES




FILE:   B-18749G                    DATE:    N'/ .

MATTER OF: Commander


DIGEST:     Service member serving overseas as member
            without dependents who is assigned Govern-
            ment quarters which he occupies for
            approximately 8 nonths and then leases
            civilian quarters while still retaining
            quarters is not entitled to station
            housing allowances during such period in
            accord4ance with para. U43Oi-3b(l) and (3),
            1 JTR (changeo224 and 229). Sinto at time
            he requested such allowances he certified
            that he was not occupying Government
            quarters, which fact he should have known
            was erroneous, it cannot be held that he
            was without fault in matter so as to waive
            erroneous payment of housing allowances.

     This action is in response to a letter on behalf of
Commander                    - USN,           , constituting an
appeal of the action taken by tha Claims Division of this Office
dated July 19, 1976, which denied his request for waiver of the
claim of the United States against him in the gross amount of
$5p748,95 arising from erroneous payments of housing and cost-of-
living allowances incident to his service in the United States
Navy,

     The files available to this Office show that the member
reported to Hawaii on October 21, 1971, as a.member without
accompanying dependents, and obtained quarters at the Naval
Station, Pearl Harbor, Bachelor Officer Quarters (*OQ). On
June 26, 1972, the member signed a lease for an apartment in
Honolulu which he occupLed at least through Xay 28, 1975. On
July L, 1972, the member executed a certificate. for cost-of-
living and housing allowances for member only, in which he
certified that he was not presently occupying Government quarters.
Us also certified that he would inform his commanding officer when
Government quarters were occupied. This certificate appears
directly above the member's signature.


djb





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