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Request for Waiver of Debt

B-195668 Feb 01, 1980
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Highlights

A service member requested reconsideration of the denial of his request for waiver of overpayments of military proficiency pay. The previous determination held that a member of his rank and years should have been aware of the reduction and subsequent termination of proficiency pay, and should have taken corrective action when his normal pay did not decrease accordingly. The member contended that the pay he received during the period in question fluctuated quite a bit and he had no reason to notice whether his normal pay had been reduced when his proficiency pay was. It was held that since the member apparently knew of the reduction in proficiency pay, he should have known of the overpayment and taken corrective action. Since the member was not without fault, a waiver could not be granted, and the collection of the overpayment was not against equity and good conscience. Therefore, the previous denial was sustained.

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