Waiver of Indebtedness to the United States

A retired military member appealed a settlement denying his request for waiver of the claim of the United States against him for an overpayment of 60 days' accrued leave. The retired member, who had accrued 70 days' accrued leave, used all 70 days as terminal leave prior to retirement and then received a substantial payment for 60 days' accrued leave at the time of his retirement. Since the member had received two leave and earnings statements which showed that he had not been charged for the terminal leave taken, the member should have realized that the payment was in error, and the indebtedness which arose from the erroneous payment was properly not waived.