Request for Waiver of Debt

A retired Navy member appealed the denial of a waiver of his debt to the United States arising out of erroneous payments of proficiency pay he received while in the Navy. The member had brought the error to the attention of appropriate officials when the administrative error initially occurred, since he knew he would be required to make restitution. However, he was not found without fault in the continuance of the erroneous payments since he was initially aware of them. Furthermore, granting of a waiver is not a matter of right arising from every erroneous payment, and in these circumstances, collection is neither against equity and good conscience nor contrary to the best interest of the United States. Therefore, the denial of waiver was sustained.