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B-185451 1 (1976-02-20)

handle is hein.gao/gaobadutc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 3rZ\ISIDN OF THE UNITED STATES WASHINGTON, D.C. 20548 z1LE:' B-185451 DATE: FEB %b076 14. Cdr. US ATTER OF: 1. An officer's pay entry base date as a 3IcGEST: matter of law may not be adjusted to include credit for any service based solely on service as a midshipman in the Navy Reserve Cffkcer Training Corps. 2. A member is not entitled to waiver of claim under 10 U. S. C. 2774 for pay- ments made to him upon an erroneous pay entry base date (PEBD) for any period of time after being informed of the error. This action is in response to a letter dated Cotober 10, 1975, iressed to the Honorable Chnrlea *i. Bennett, House of Reresen- Wves, from ievUtenant Commander , VSN, , which has been forwarded to our Clfice for response, which the member, in effect, appeals the action taken by our ansportation and Clalme Division, dated July 24, 1975, which nled in part his request for waiver of an Indebtedness arising out an overpayment of pay and allowances, due to an erroneous RPy try Base Date (PEBD). -In that settlement, the member was granted a partial waiver of indebteneos, in the amount of $1, 250. 61, representing overpay- nt forthe period May 195! through April 1973, leaving a balance of 38. 10. This settlement was based upon a finding that since it )eared doubtful that the member was informed prior to April 1973 the correction of his PlfBD, he could not reasonably have known t he was being overpaid. However, after he was informed of the ror in April 1973, he could not in good faith have expected to ain the overpayments resulting from the erroneous PLBD. The member contends that the PEMB of August 2 3, 1957, as frected is in error and that the May 22, 1957 date is correct. erefore, there never has* been an overpayment. Further, he lllegts that action be taken to have his records show his 1'BLED reestablished as May 22, 1957. L- I Jk-U

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