Request for Waiver of Government Claim Resulting From Overpayments of Military Retired Pay

B-195706: Sep 12, 1979

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A military member requested reconsideration of the denial for waiver of the Government's claim against him for overpayments of military retired pay. The member retired from the Marine Corps with 20 years, 1 month, and 11 days of service. Due to an administrative error, his orders indicated 21 years, 1 month, and 11 days of active service. Therefore, his retired pay was computed on the basis of his having comleted 21 rather than 20 years of active service until the error was discovered and corrected. The member stated he had no idea he was being overpaid. The member's request for waiver of his debt arising out of overpayments of retired pay must be denied since he should have noticed the error and taken corrective action when the retired orders were issued. The claimant's failure to do so precluded the grant of waiver. Previous action denying the waiver was sustained.