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[Request for Reconsideration]

B-207741 Jul 20, 1982
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Highlights

A Navy officer requested reconsideration of the denial of waiver of his debt to the Government which resulted from overpayments of flight pay. The officer was participating in flight training school and was receiving flight pay. When he was removed from flight training status, he lost his eligibility for flight pay; but due to administrative error, he continued to receive the pay at an increase. The officer claimed he was not aware that the flight pay had continued until he requested a breakdown of his pay and allowances. Under the applicable statute, the Comptroller General may waive debts arising from erroneous payments to service members when collection would be against equity and good conscience and not in the best interests of the United States. However, the statute does not operate automatically to relieve debts but is a matter of grace and dispensation, and in certain situations a waiver is statutorily prohibited. Thus, if in the opinion of the Comptroller General there exists an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member, the waiver is precluded. GAO considers fault, as used in the statute, to exist if it is determined that the member should have known that an error existed and should have taken action to have it corrected. GAO found that, while the officer received a pay increase and some per diem at about the time he lost entitlement to flight pay, this was not sufficient to account for the amount of increase in pay he received at a time when he should have expected the loss of the substantial flight pay payment. He should have been aware that he was receiving more pay than he was entitled to and should have requested a detailed explanation. Since the officer did not do so, he was considered at fault and his debt should not be waived. Accordingly, the Claims Division's denial of the waiver of the officer's debt was sustained.

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