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(September 19, 2000)Tj
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(In Re:)Tj
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([Redacted])Tj
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(Claimant)Tj
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(Claims Case No. 00062601)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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(While an employee is expected to review his leave and earnings statement\
s and is considered to be at fault if a debt)Tj
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(accrues due to his failure to review them, waiver may be granted to an e\
mployee who provides clear and convincing)Tj
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(evidence of a medical condition which prevented him from reviewing them.\
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(DECISION)Tj
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(This is in response to an appeal of the Defense Department of Hearings a\
nd Appeals \(DOHA\) Settlement Certificate,)Tj
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(DOHA Claim No. 00050810, dated June 21, 2000, which denied an employee's\
waiver request. The employee's debt)Tj
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(arose when he erroneously continued to receive Post Allowance Differenti\
al \(PAD\) for six months after he was)Tj
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(transferred to a position in the United States. We overrule the Settleme\
nt Certificate and waive the employee's debt.)Tj
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( )Tj
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(Background)Tj
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(The employee held a position in Saudi Arabia until January 3, 1999, and \
then was transferred to the United States.)Tj
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(Although he was no longer entitled to PAD after the transfer, he continu\
ed to receive PAD until July 3, 1999. The)Tj
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(resulting debt amounted to $5,345.60. The employee indicated that he not\
iced the error in June or July of 1999 and)Tj
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(called it to the attention of his payroll office. Our Settlement Certifi\
cate denied waiver on the grounds the employee)Tj
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(could have halted the accrual of the debt by proper review of his leave \
and earnings statements \(LES\) immediately after)Tj
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(his transfer and was therefore partially at fault for its continued accr\
ual. With his appeal, the employee has submitted a)Tj
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(letter from his doctor stating that he was receiving medical care at the\
time that his debt accrued and that his ability to)Tj
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(review his LES would have been severely impaired.)Tj
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(Discussion)Tj
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(Under 10 U.S.C. \247 5584, we have the authority to waive collection of \
erroneous payments of pay and allowances if)Tj
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(collection would be against equity and good conscience and not in the be\
st interest of the United States if there is no)Tj
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(indication of fraud, fault, misrepresentation, or lack of good faith on \
the part of the employee. In )Tj
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(Lieutenant Colonel)Tj
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(Joseph D. Donald, USAR, Retired,)Tj
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( B-217914, June 25, 1986, the Comptroller General waived collection of t\
he debt of a)Tj
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(retired military member after the member provided a letter from his orth\
opedic surgeon stating that the medications)Tj
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(which the member was taking would have impaired his ability to conduct h\
is financial affairs. The Comptroller General)Tj
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(stated that under such circumstances collection of the member's debt wou\
ld be against equity and good conscience and)Tj
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