Request for Reconsideration

A service member requested reconsideration of a denial of his application for a waiver of debt. The debt arose from erroneous basic allowance for quarters (BAQ) payments made to him while he was occupying Government quarters. The member contended that he did not know or suspect that he was being overpaid and that payment of the debt would have resulted in extreme financial hardship. The member maintained that, when he questioned the accuracy of his pay, he was assured by the disbursing office that the amount was correct. A waiver of debt is not granted when it is determined that the member should have known that an error existed and taken action to have it corrected. The member's rank, years of service, and the significant amount of the overpayment indicated that he should have known he was receiving money to which he was not entitled. The fact that the member received assurance from the disbursing office that his pay was correct did not absolve him of fault, since the amount of BAQ paid warranted his seeking a full explanation of the source of the payments. Further, financial hardship resulting from a collection of debt is not a sufficient reason to retain payments that a member should have known did not belong to him. Accordingly, the denial of the member's waiver of debt was sustained.