B-240394, Apr 2, 1991, Office of General Counsel

B-240394: Apr 2, 1991

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Which was subsequently annulled. Is not entitled to such allowances where he never contributed to the spouse's support. The collection of such payments may not be waived due to the lack of good faith of the member who knew or should have known he was not entitled to them. The Claims Group decision is affirmed.

B-240394, Apr 2, 1991, Office of General Counsel

MILITARY PERSONNEL - Pay - Overpayments - Error detection - Debt collection - Waiver DIGEST: A member of the Air Force who received overpayments of Basic Allowance for Quarters (BAQ), a Variable Housing Allowance (VHA) and a Family Separation Allowance (FSA) at a "with dependent" rate based upon a marriage which he coerced the spouse to enter, which was subsequently annulled, is not entitled to such allowances where he never contributed to the spouse's support. The collection of such payments may not be waived due to the lack of good faith of the member who knew or should have known he was not entitled to them.

(REDACTED):

This responds to your May 13, 1990 appeal of our Claims Group's denial of your request for waiver of the government's claim against you as a result of erroneous payments made to you.

Upon review of the record, we find no error of law or fact in the Claims Group's decision. The statement which you provided by your former spouse brings forth no new information which has not already been considered in connection with your waiver request. Accordingly, the Claims Group decision is affirmed.