KEYWORDS: Aviation Continuation Pay, ACP, overpayment, waiver of indebtedness 

DIGEST: To be considered under the provisions of 32 U.S.C. § 716, a member's application for waiver must be received within five years of the discovery of the debt. Properly made payments of aviation continuation pay (ACP) are considered advances and are not eligible for waiver consideration under 32 U.S.C. § 716, because they are not erroneous payments when made.  

CASE NO: 2018-WV-013001.2

DATE: 05/30/19