%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:11:49-04:00
2021-06-11T15:11:49-04:00
2021-06-11T15:11:49-04:00
Adobe Acrobat 17.0
application/pdf
02073010
uuid:0da71db4-f4cb-482e-b2b0-ca02819b42d0
uuid:67a2e70d-9a9c-4184-9337-39f95bf9e7ce
Acrobat Web Capture 15.0
endstream
endobj
5 0 obj
<>
endobj
6 0 obj
<>
endobj
3 0 obj
<>
endobj
7 0 obj
<>
endobj
8 0 obj
<>
endobj
16 0 obj
<>>>
endobj
17 0 obj
<>
endobj
18 0 obj
<>
endobj
20 0 obj
[19 0 R 19 0 R]
endobj
21 0 obj
[19 0 R 19 0 R]
endobj
22 0 obj
[19 0 R 19 0 R]
endobj
19 0 obj
<><><><>]/P 17 0 R/Pg 13 0 R/S/Article>>
endobj
13 0 obj
<>/ProcSet[/PDF/Text]>>/StructParents 0/Type/Page>>
endobj
23 0 obj
[29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R]
endobj
24 0 obj
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(02073010)Tj
EMC
/Artifact <>BDC
0 -86 TD
(file:///usr.osd.mil/)Tj
7.166 0 Td
(...)Tj
(sktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/claims/military/Archived%20-\
%20HTML%20Word/02073010.html)Tj
49.657 0 Td
([6/11/2021 3:11:49 PM])Tj
EMC
ET
1 g
10 36 591.75 729.75 re
f
0.604 g
q 1 0 0 1 16.0002 713.25 cm
0 0 m
0.75 -0.75 l
579 -0.75 l
579.749 0 l
h
f
Q
0.933 g
q 1 0 0 1 16.7499 712.5003 cm
0 0 m
-0.75 -0.751 l
579 -0.751 l
578.25 0 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 711.7497 cm
0 0 m
0.75 0.751 l
0 1.5 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 712.5003 cm
0 0 m
0.75 -0.751 l
0.75 0.75 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 615.7503 cm
0 0 m
0.75 -0.751 l
579 -0.751 l
579.749 0 l
h
f
Q
0.933 g
q 1 0 0 1 16.7499 614.9997 cm
0 0 m
-0.75 -0.75 l
579 -0.75 l
578.25 0 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 614.25 cm
0 0 m
0.75 0.75 l
0 1.5 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 614.9997 cm
0 0 m
0.75 -0.75 l
0.75 0.751 l
h
f
Q
/Article <>BDC
EMC
/Article <>BDC
BT
0 g
12 0 0 12 16 695.25 Tm
(In Re: )Tj
0 -2.125 TD
([Redacted])Tj
0 -3.25 TD
(Claimant)Tj
0 -2.75 TD
(Claims Case No. )Tj
7 0 Td
(02073010 )Tj
/TT1 1 Tf
8.225 -3.25 Td
(CLAIMS APPEALS BOARD DECISION)Tj
-15.224 -2.125 Td
(DIGEST)Tj
/TT0 1 Tf
0 -2.125 TD
(1. )Tj
(A service member cannot reasonably expect to receive basic allowance )Tj
29.708 0 Td
(for housing at the with-dependent rate \(BAH-)Tj
-29.708 -1.125 Td
(D\) and family separation housing )Tj
13.636 0 Td
(\(FSH\) for the period of time he was single between his divorce and sub\
sequent)Tj
-13.636 -1.125 Td
(remarriage.)Tj
T*
(2. )Tj
(When a service member receives a large, unexplained payment and promptly\
)Tj
32.098 0 Td
(contacts his finance office to question)Tj
-32.098 -1.125 Td
(the payment, he has a duty to retain )Tj
14.468 0 Td
(the funds for eventual repayment to the government, absent official noti\
ce )Tj
29.878 0 Td
(that the)Tj
-44.346 -1.125 Td
(payment is correct.)Tj
/TT1 1 Tf
T*
(DECISION)Tj
/TT0 1 Tf
T*
(This is in response to an appeal of Defense Office of Hearings and Appea\
ls )Tj
30.379 0 Td
(\(DOHA\) Settlement Certificate, DOHA)Tj
-30.379 -1.125 Td
(Claim No. 02013008, dated June 17, 2002, )Tj
17.415 0 Td
(which denied the request of a member for waiver of a debt which arose \(\
1\))Tj
-17.415 -1.125 Td
(when he received basic allowance for housing at the with-dependent rate \
\(BAH-D\) )Tj
33.432 0 Td
(and family separation housing \(FSH\))Tj
-33.432 -1.125 Td
(while he was single; and \(2\) when he )Tj
15.107 0 Td
(was subsequently paid a retroactive payment of BAH-D and FSH during a pe\
riod)Tj
-15.107 -1.125 Td
(for which he had already been compensated.)Tj
21.712 -2.125 Td
(Background)Tj
-21.712 -2.125 Td
(In December 1996 the member was transferred to RAF Mildenhall, United )Tj
30.158 0 Td
(Kingdom, for an unaccompanied)Tj
-30.158 -1.125 Td
(assignment. )Tj
5 0 Td
(As a result of his military duty )Tj
12.471 0 Td
(assignment, the member was separated from his wife, who remained in)Tj
-17.47 -1.125 Td
(Charleston, )Tj
4.833 0 Td
(South Carolina. )Tj
6.527 0 Td
(Thus, he was entitled to receive BAH-D and FSH. )Tj
20.357 0 Td
(On April )Tj
(22, 1999, while stationed at)Tj
-31.717 -1.125 Td
(RAF Mildenhall, the member divorced his wife, )Tj
19.524 0 Td
(and on May 30, 1999, the member subsequently remarried. )Tj
23.883 0 Td
(His new)Tj
-43.407 -1.375 Td
(wife also )Tj
(resided in Charleston, South Carolina.)Tj
0 0 0.933 rg
9.75 0 0 9.75 245.957 219.75 Tm
( \(1\))Tj
ET
0 0 0.933 RG
0.75 w
q 1 0 0 1 245.957 219 cm
0 0 m
13.806 0 l
h
S
Q
BT
0 g
12 0 0 12 259.7632 215.25 Tm
( )Tj
(During the period the member was not married, April 23, 1999,)Tj
-20.314 -1.375 Td
(through )Tj
(ay 30, 1999, he was not entitled to BAH-D nor FSH.)Tj
0 0 0.933 rg
9.75 0 0 9.75 309.3086 203.25 Tm
( )Tj
ET
q 1 0 0 1 309.3086 202.5 cm
0 0 m
2.438 0 l
h
S
Q
BT
9.75 0 0 9.75 311.7461 203.25 Tm
(\(2\))Tj
ET
q 1 0 0 1 311.7461 202.5 cm
0 0 m
11.369 0 l
h
S
Q
BT
0 g
12 0 0 12 323.1147 198.75 Tm
( )Tj
(However, he continued to receive BAH-D and FSH)Tj
-25.593 -1.375 Td
(from April 23, 1999, through )Tj
11.916 0 Td
(ay 30, 1999.)Tj
0 0 0.933 rg
9.75 0 0 9.75 218.3125 186.75 Tm
( \(3\))Tj
ET
q 1 0 0 1 218.3125 186 cm
0 0 m
13.806 0 l
h
S
Q
BT
0 g
12 0 0 12 232.1187 182.25 Tm
( )Tj
(This administrative error resulted in a debt of $1,224.62.)Tj
0 0 0.933 rg
9.75 0 0 9.75 506.7183 186.75 Tm
( )Tj
ET
q 1 0 0 1 506.7183 186 cm
0 0 m
2.438 0 l
h
S
Q
BT
9.75 0 0 9.75 509.1558 186.75 Tm
(\(4\))Tj
ET
q 1 0 0 1 509.1558 186 cm
0 0 m
11.369 0 l
h
S
Q
BT
0 g
12 0 0 12 16 156.75 Tm
(The member states that in the beginning of June 1999 he visited his fina\
nce )Tj
30.437 0 Td
(office to inform them of his divorce and)Tj
-30.437 -1.125 Td
(subsequent remarriage. )Tj
9.524 0 Td
(He states )Tj
(that the finance office told him he had to pay back the amounts he recei\
ved )Tj
34.182 0 Td
(for BAH-D)Tj
-43.706 -1.125 Td
(and FSH during the 38-day period he was not married. )Tj
22.079 0 Td
(The member )Tj
5.331 0 Td
(states that he therefore expected a decrease in his)Tj
-27.41 -1.125 Td
(pay. )Tj
(The member states )Tj
9.747 0 Td
(that he continued to visit the finance office during the months of June \
and )Tj
29.77 0 Td
(August 1999 because)Tj
-39.517 -1.125 Td
(he had numerous pay problems. )Tj
12.997 0 Td
(In July 1999, when the )Tj
(finance office updated the member's records following the)Tj
-12.997 -1.125 Td
(member's remarriage, )Tj
8.926 0 Td
(his BAH and FSH entitlements were stopped effective April 22, 1999. )Tj
28.356 0 Td
(The finance )Tj
4.997 0 Td
(office)Tj
-42.279 -1.125 Td
(attempted to recoup the amount the member was overpaid and as a result, \
)Tj
29.657 0 Td
(the member received $0 for his end-of-month)Tj
-29.657 -1.125 Td
(July 1999 paycheck. )Tj
8.442 0 Td
(In August )Tj
(1999, when his record was corrected, the member was given all his single\
)Tj
33.963 0 Td
(rate BAH)Tj
-42.406 -1.125 Td
(entitlements for the period April 23, 1999, through May 29, 1999, )Tj
26.635 0 Td
(and his with-dependent rate entitlements were)Tj
ET
EMC
endstream
endobj
25 0 obj
<>
endobj
26 0 obj
(]DP4k\r*M)
endobj
27 0 obj
<>
endobj
28 0 obj
<>
endobj
37 0 obj
<>
endobj
38 0 obj
<>stream
H\n0EY6FREE*{HYaT%r/'eu|7A[m]qEpk6>ZoJH\}A9$8Nqg7\p0v
O_e= 6Pథ4EwӼ&ߎ9 x+ap+|CLPݿt'Kk7o6ԩ|]:T8e {f-3 |`.K$|b>S\KydМAKdМȼy#}5eˈaLk3GUGm-F*rzp%: G
0 (
endstream
endobj
39 0 obj
<>stream
H|y|ϼ>3d'$X\.*֭Z,BZK-#ֱ%b"Ck?3LJel~o$lKNERԨZYu
b_Oy%W6H|@)pb53 p $)^2br YK:YH[h:Q,Bнk;U.'8;PS\.m`Qk ~G5ohcY\Z5k UFSXjS^a6i_5o'emڶ}w]~-U^ӧoQ::&6nA I$6<#G3qS&|71}L͘6}Y̝7?kEtY+W^ֲnҦܼ[n۾c{GpxቓN9{/^t
]n݄6(]l,ɥ1hzjr04RJ2
R&7ɓy|B~$ҥ]!! !BB\CRUTz+}qv@)US4f'י4&6L&T) 3P5j@HP45]NW+MVu_-Ps59m3'4HmXa[2ْgeqmhptq|8pGhUEE3̙Lu'K
4FM/M.EJctiJ*^ih#rk7Dje%jcc @GQZyENgs3u>r?}{ܵVdg}S ӣ(/)?Tz*n=U hv_e{uvvɮ}"r