Application for Waiver of Claim

B-198170: Jun 25, 1980

Additional Materials:


Julie Matta
(202) 512-4023


Office of Public Affairs
(202) 512-4800

A Navy member requested reconsideration of a decision wherein the waiver of his debt to the United States was denied. Due to an administrative error, erroneous payments were made to the member for basic allowance for quarters (BAQ) while he was living in rent-free Government quarters. The member contended that since he had reenlisted and was not required to take recruit training, he did not receive instruction regarding the new computerized pay system which was implemented before he reenlisted. Consequently, he was uncertain about his entitlements and did not understand how to read his pay statements. He requested instruction and specifically questioned the BAQ entry. Because did not understand the explanation he received, he questioned the fairness of the action denying his waiver application. Regulations provide that the Comptroller General or the Secretary concerned may waive a claim if no indication of fraud, misrepresentation, fault, or lack of good faith exists on the part of the member. Fault is considered to exist if a member should have known that an error existed but failed to take action to have it corrected. Thus, if a member, furnished with leave and earnings statements which reveal the error, fails to take corrective action, he is not without fault and waiver will be denied. In this case, the member should have known that he was not entitled to BAQ while living in Government quarters. It was the view of GAO that a reasonably prudent person would not have been satisfied with an explanation he did not understand concerning his Leave and Earnings Statement. Accordingly, GAO considered the member partially at fault and was precluded by law from granting his application for waiver. Therefore, the action of the Claims Division denying the waiver was sustained.

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.
  • Yang Enterprises, Inc.
    We dismiss the protest.

Looking for more? Browse all our products here