Request for Relief of Debt

A service member requested reconsideration of a Claims Division denial of his application for waiver of his debt to the United States. The debt arose from erroneous payments of basic allowance for quarters (BAQ) while the claimant and his dependents occupied Government quarters in Iran from April 1976 through October 1977. Waiver of a military member's debt to the United States is precluded if there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member. In the instant case, the claimant expressed doubt from the outset of his entitlement to receive BAQ but relied upon verbal assurances that his pay was correct. Given the doubtful nature of the BAQ payments, the claimant should have requested a complete explanation of his pay as soon as he received a leave and earnings statement showing a BAQ payment. At a minimum, he should have set aside the payments until securing a definite determination and statement fully explaining his entitlement. The claimant's failure to take these steps constituted fault on his part and precluded waiver of his debt to the United States. Accordingly, the Claims Division action denying waiver was sustained.