Request for Waiver of Claim for Overpayments Incident to Excess Leave

A former military member requested review of a settlement denying his request for waiver of the Government's claim against him for pay and allowances received for periods of excess leave. Since the payments to the member for advance leave were valid when made and since no erroneous payments were made at discharge, the Government's claim for overpayments arising when the advance leave became excess leave upon early separation was not for waiver under 10 U.S.C. 2774 which contemplates forgiveness of erroneous payments only.