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Request for Waiver of Indebtedness

B-200297 Jul 24, 1981
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Highlights

A former member of the Air Force appealed a decision by the Claims Division which denied the waiver of the Government's claim against him for pay and allowances received for periods of excess leave. The member was granted a hardship discharge due to the illness of his dependent mother-in-law, an illness which caused him to take excessive leave prior to the discharge. As a result, he was in an excess leave situation at the time of the separation. Since the advance leave was properly granted while the member was still in the Air Force, the fact that the separation created an excess leave situation did not change the character of the payments received to erroneous payments eligible for waiver. Accordingly, the prior decision of the Claims Group was sustained.

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