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Request for Waiver of Indebtedness

B-197286 May 20, 1980
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Highlights

A retired Army Colonel requested reconsideration of the denial of his application for waiver of his debt to the United States. The debt arose from overpayments of military retired pay. The member had made numerous inquiries concerning the number of years credited to his service on a form he received from the Army and the accuracy of the retired pay he was receiving. In his original request for waiver, the member contended that he had continued to pursue the matter when he received no response from the Army and that he had no knowledge of actual overpayments until he did receive notification acknowledging them. The denial of waiver was based upon the member's failing to persist in his inquiries and retaining the excess amounts until his pay was resolved. On appeal, the member contended that he did pursue the matter until his pay was resolved and that only through his persistence was the error discovered. GAO held that considering his rank, years of service, the amount of the erroneous overpayments, and the fact that he was aware of a discrepency in the years of service credited to him for retired pay purposes, the member should have known that the payments were erroneous and that he would be required to refund them. Accordingly, the previous denial of his request for waiver was sustained.

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