Request for Reconsideration

An Naval officer Navy requested reconsideration of a GAO Claims Division decision which denied his application for waiver from erroneous payments made to him of basic allowance for quarters (BAQ) during the period of nearly 2 years when he and his family were residing in rent-free Government quarters. Through an administrative error, a form which would have terminated the BAQ at the with dependent rate on his pay record was never received. During part of the period in question, the officer was not regularly receiving his leave and earnings statement (LES). However, for the remainder of the period in question, the officer regularly received an LES which indicated that he was being paid BAQ at the with dependent rate. The action of the officer in questioning the appropriate Navy disbursing office about his pay and informing them that he was living in Government quarters indicated an effort on his part to determine the accuracy of his pay at that time. Based upon this action and the fact that he was not regularly receiving an LES for the entire period in question, GAO concluded that the payments for BAQ during that period should be waived. However, the officer's application for waiver may not be granted for the period during which he regularly received an LES, which plainly indicated that he was receiving BAQ at the with dependent rate. Accordingly, the claim may be partially waived.