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B-188595 1 (1977-06-03)

handle is hein.gao/gaobadtls0001 and id is 1 raw text is: rtwrr .. -I.--t.....3 THE COMPTROLLER GENERAL 181 2 oSCISIoN * OF THE UNITED STATES 4v WASHINGTON, D. C. 20548 FILE: B-188595 DATE: JUN 3 1577 MATTER OF: Captain , JAGC, USA&, DIGEST: Service member is not entitled to waiver of indebtedness for overpayments which occurred when pay entx7 base date (PEBD)- was erroneously established. The mere tact that the member notified proper officials of the possibility of overpay- ments is not a sufficient basis for waiver since the member also had a duty to set aside the amount of the overpayments for eventual repayment at such time the pay account error was corrected. This action is in response to a letter dated October 13, 1976, from Captain JACC, UTSAR, ,which consti- tutes an appeal to the action by our Claims Division, dated SepteTa- ber 28, 1976, which denied his request for waiver of the claim of the United States against his in the amount of $1292,which arose incident to his service in the United States Army. The record discloses that Captain was ordered to extended active duty (FAD) effective October U, 1973. In his initial pay voucher, the pay entry base date. (PEUD) was erroneously established as June 1, 1971, instead of the appropriate date of his comission, June 1, 1972. Upon receipt 6f his first leave and earings statement (LES) in December 1973, which covered the period October 1, 1973, through NOvember 30, 1973, he informed officials at the Judge Advocate Genral School of the irregular PED. lie was told by them to take appropriate action to correct it at his first duty station. It is indicated that he notified the Fitance Office. 2d Infantry Division, of the questionable FEBD during In- processing, but they apparently could not make the necessary changes in his records at that tim because he was unable to furnish evidence of his date of cowis ni. On a subsequent inquiry, he was informed by his division finance and accounting officer that the irregularity might result in some of his pay boing recovered. Although the member asserts that he made numerous attempts to ascertain the method of determining his PEBD and his proper pay, the error was not eorrected until after djb

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