B-185359, MAR 17, 1976

B-185359: Mar 17, 1976

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IS DENIED FOR PAYMENTS RECEIVED AFTER FEBRUARY 1972 SINCE THE MEMBER RECEIVED A MONTHLY EARNINGS STATEMENT WHICH SHOULD HAVE MADE HIM AWARE THAT AN ERROR EXISTED AND THAT HE WAS RECEIVING PAYMENT IN EXCESS OF HIS PROPER ENTITLEMENT. MEMBER'S REQUEST FOR WAIVER IS GRANTED SINCE PAY RECORDS INDICATE THAT THERE WERE SIGNIFICANT FLUCTUATIONS IN THE PAY RECEIVED AFTER JULY 7. IT APPEARS REASONABLE TO BELIEVE THAT THE MEMBER WAS NOT AWARE OF SUCH OVERPAYMENTS. USN: THIS ACTION IS IN RESPONSE TO A LETTER DATED OCTOBER 10. THE RECORD SHOWS THAT THE MEMBER WAS DRAWING PROFICIENCY PAY WHILE SERVING IN AN INSTRUCTOR BILLET AT THE NAVAL AIR TECHNICAL TRAINING CENTER. WHEN HE WAS TRANSFERRED ON PERMANENT CHANGE-OF-STATION ASSIGNMENT TO THE U.S.