Waiver of Indebtedness Resulting From Overpayment of Unused Leave Upon Release From Active Duty

B-177377: Dec 29, 1972

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THIS MATTER IS THE SUBJECT OF PRIVATE RELIEF LEGISLATION. THE OVERPAYMENT WAS INITIALLY DISCOVERED BY MARINE CORPS PERSONNEL AT THE MARINE CORPS FINANCE CENTER AND CAME TO OUR ATTENTION WHEN WE WERE REQUESTED TO REPORT ON H. WE HAVE NOTED THAT THE TOTAL INDEBTEDNESS OF SERGEANT [REDACTED] ACTUALLY IS IN THE GROSS AMOUNT OF $551.81. IS THE NET AMOUNT OF THE INDEBTEDNESS AFTER THE MARINE CORPS HAD DEDUCTED CHARGES TO COVER FICA ($17.28) AND WITHHOLDING TAX ($91.30). THE RECORD INDICATES THAT A REDUCTION OF INDEBTEDNESS AT THE RATE OF $50 PER MONTH BY DEDUCTION FROM SERGEANT [REDACTED]'S RETIRED PAY WAS COMMENCED WITH THE MONTH OF OCTOBER 1972.

B-177377, DEC 29, 1972

MILITARY PERSONNEL - OVERPAYMENTS - WAIVER DECISION REGARDING THE INDEBTEDNESS OF [REDACTED], USMC, RETIRED, RESULTING FROM OVERPAYMENTS MADE TO HIM WHILE ON ACTIVE DUTY WITH THE MARINE CORPS. UNDER THE PROVISIONS OF THE ACT OF OCTOBER 2, 1972, PUB. L. 92-453, GAO HAS WAIVED THE CLAIM SINCE THE OVERPAYMENTS OCCURRED WITHOUT FAULT ON THE PART OF SERGEANT [REDACTED].

TO MR. SECRETARY:

WE REFER TO THE INDEBTEDNESS OF MASTER GUNNERY SERGEANT[REDACTED], UNITED STATES MARINE CORPS (RETIRED), IN THE AMOUNT OF $443.23, REPRESENTING OVERPAYMENTS PAID TO HIM WHILE ON ACTIVE DUTY IN THE UNITED STATES MARINE CORPS AS A RESULT OF ERROR BY GOVERNMENT PERSONNEL RESULTING FROM AN OVERPAYMENT FOR UNUSED LEAVE AT THE TIME OF HIS RELEASE FROM ACTIVE DUTY AND ADMINISTRATIVE FAILURE TO CHARGE HIM PAY AND ALLOWANCES FOR TWO PERIODS OF EXCESS LEAVE DURING HIS LAST PERIOD OF ENLISTMENT. THIS MATTER IS THE SUBJECT OF PRIVATE RELIEF LEGISLATION, H. R. 17229, 92D CONG. 2D SESSION.

THE OVERPAYMENT WAS INITIALLY DISCOVERED BY MARINE CORPS PERSONNEL AT THE MARINE CORPS FINANCE CENTER AND CAME TO OUR ATTENTION WHEN WE WERE REQUESTED TO REPORT ON H. R. 17229 TO THE CHAIRMAN, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES. IN THIS CONNECTION, WE HAVE NOTED THAT THE TOTAL INDEBTEDNESS OF SERGEANT [REDACTED] ACTUALLY IS IN THE GROSS AMOUNT OF $551.81. THE AMOUNT OF $443.23, STATED IN H. R. 17229, IS THE NET AMOUNT OF THE INDEBTEDNESS AFTER THE MARINE CORPS HAD DEDUCTED CHARGES TO COVER FICA ($17.28) AND WITHHOLDING TAX ($91.30).

UNDER THE AUTHORITY CONFERRED BY THE ACT OF OCTOBER 2, 1972, PUBLIC LAW 92-453, AND IN VIEW OF THE FACTS AND CIRCUMSTANCES INVOLVED IN THE CASE, INDICATING NO FAULT ON THE PART OF SERGEANT [REDACTED], WE HEREBY WAIVE THE CLAIM OF THE UNITED STATES AGAINST HIM IN THE AMOUNT OF $551.81.

THE RECORD INDICATES THAT A REDUCTION OF INDEBTEDNESS AT THE RATE OF $50 PER MONTH BY DEDUCTION FROM SERGEANT [REDACTED]'S RETIRED PAY WAS COMMENCED WITH THE MONTH OF OCTOBER 1972. IN THIS RESPECT, THE MARINE CORPS SHOULD INFORM SERGEANT [REDACTED] OF OUR ACTION, AND HE SHOULD BE ADVISED THAT UNDER PUBLIC LAW 92-453 HE HAS 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM FOR REFUND OF ANY AMOUNT COLLECTED FROM HIM BECAUSE OF THE OVERPAYMENT.

 

 

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