B-242404, Apr 2, 1991, Office of General Counsel

B-242404: Apr 2, 1991

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A member who was entitled to cost-of-living allowances (COLA) for two dependents but was paid for three dependents is not entitled to a waiver for overpayments of COLA where his LES's clearly showed that he was receiving COLA for three dependents. That decision therefore is affirmed.

B-242404, Apr 2, 1991, Office of General Counsel

MILITARY PERSONNEL - Pay - Overpayments - Error detection - Debt collection - Waiver DIGEST: A member of the armed services has a duty to examine his leave and earnings statements (LES's) for possible discrepancies. A member who was entitled to cost-of-living allowances (COLA) for two dependents but was paid for three dependents is not entitled to a waiver for overpayments of COLA where his LES's clearly showed that he was receiving COLA for three dependents.

Attention: Lt. Col. S.C. Shoemake, Jr., USAF

Deputy Director, Settlement Adjudication:

This responds to your letter of November 20, 1990, forwarding an appeal by Brigadier General Keith B. Connolly, USAF (Retired), of our Claims Group's partial denial of waiver of his debt to the United States (Z- 2904797).

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