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B-271133 1 (1996-04-30)

handle is hein.gao/gaocrptaecz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: David W. Snearly File: B-271133 Date: April 30, 1996 DIGEST Former Navy enlisted member may be granted waiver of his debt for erroneous payment of pay and allowances made to him after the effective date of his discharge where he had been placed on terminal leave prior to discharge, and at the time of the erroneous payment, he had not received discharge papers or final statement of pay because his ship had sailed with his personnel records on board and the ship's personnel had overlooked preparing the discharge papers. In the circumstances, it is not unreasonable for him to have thought he had not been separated from the Navy and was therefore entitled to the additional payment of pay and allowances. DECISION This responds to an appeal of a Claims Group settlement1 that partially waived the collection of erroneous payments of pay and allowances made to David W. Snearly after his separation from the Navy. We conclude that Mr. Snearly's request for a waiver of the remainder of his debt may be granted. BACKGROUND Mr. Snearly, an electronics technician (E-5), was scheduled to be discharged from the Navy in June 1994, after 5 years and 8 months of active duty. Because the ship to which Mr. Snearly was then assigned was scheduled to sail from Charleston for the Mediterranean on or about June 5, 1994, Mr. Snearly was authorized to take terminal leave beginning May 30 pending his discharge rather than sail with his ship and shortly thereafter be flown back to the United States for discharge. However, Mr. Snearly's personnel and pay records were retained on board the ship when it sailed. Mr. Snearly states that he had been told that his DD form 214 (Certificate of Discharge or Release from Active Duty) would be forwarded to him by the date he was due to be discharged, June 17, but he did not receive it by that date nor did he 1223429 1Z-2942346, May 12, 1995.

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