B-240759, Apr 2, 1991, Office of General Counsel

B-240759: Apr 2, 1991

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Who was erroneously promoted to Captain on Air Force pay records. May obtain a waiver of overpayments which were accompanied by a Leave Earnings Statement (LES) correctly listing his rank as Lieutenant. Overpayments which were accompanied by an LES incorrectly listing his rank as Captain will not be waived. As the member should have known he had not been promoted to Captain and should in good faith have questioned the amount he was paid. Even though it was the same amount listed on all LES he received. That decision is affirmed.

B-240759, Apr 2, 1991, Office of General Counsel

MILITARY PERSONNEL - Pay - Overpayments - Error detection - Debt collection - Waiver DIGEST: An Air Force member, promoted form 2nd to 1st Lieutenant, who was erroneously promoted to Captain on Air Force pay records, may obtain a waiver of overpayments which were accompanied by a Leave Earnings Statement (LES) correctly listing his rank as Lieutenant, but overpayments which were accompanied by an LES incorrectly listing his rank as Captain will not be waived, as the member should have known he had not been promoted to Captain and should in good faith have questioned the amount he was paid, even though it was the same amount listed on all LES he received, and notwithstanding the fact that he eventually discovered the error and brought it to the attention of the Air Force.

Robert E. O'Dell

Ch, Captain, USAF:

This responds to your April 10, 1990, appeal of our Claims Group's decision in Z-2902001, granting partial waiver of the U.S. Air Force claim against you for erroneous overpayments of pay and allowances.

Upon review of the record, we find no error of law or fact in the Claims Group's decision. Accordingly, that decision is affirmed.