Request for Waiver of Debt Arising from Erroneous Payments of Retired Pay

A retired Air Force member appealed a determination which denied in part his request for waiver of a debt which arose out of erroneous payments of retired pay. The waiver of his indebtedness was precluded by law since he cannot be considered free from fault for the overpayment of his retired pay. The member made an unwarranted assumption about the reason for the overpayments to which he knew he was not entitled.