Request for Waiver of Indebtedness

A service member requested reconsideration of a denial of his application for a waiver of a claim against him for basic allowance for quarters (BAQ) overpayments. As the result of an administrative error which occured when his pay account was converted to a computerized system, the member erroneously received BAQ at the with-dependent rate while he and his dependents were residing in Government quarters. The member stated that he never knew or suspected he was being overpaid. A claim arising out of an erroneous payment of pay or allowances may not be waived if it is determined that the member should have been aware that he was receiving payments in excess of his proper entitlements. The requestor should have known upon receipt of his leave and earnings statements that he was receiving payment for BAQ at the with-dependent rate to which he was not entitled. Although he questioned the accuracy of his pay during the period of overpayment to the appropriate disbursing office, the member failed to disclose to disbursing personnel that he and his dependents were residing in Government quarters. Accordingly, the previous decision denying a waiver of the claim was sustained.