[Decision Concerning Waiver of Overpayments Made to Army Officers]

B-222932: Oct 15, 1986

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Two Army optometry officers requested a waiver of salary overpayments that occurred when the Army erroneously granted them service credit for time they spent in a training program before they entered active duty. The officers contended that the Army: (1) and GAO granted waivers to other optometry officers under similar circumstances, but denied them waivers based on an Army newsletter that warned them of a possible error; and (2) repeatedly advised them that there was no error in its computation of their salaries. GAO held that: (1) the newsletter was insufficient to notify the officers of an actual error in their salary entitlements, given the Army's repeated assurances that there was no error; and (2) the officers were liable for only those overpayments which they received after the Army notified them personally of the overpayments. Accordingly, the officers were granted partial waivers.