%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:13:04-04:00
2021-06-11T15:13:04-04:00
2021-06-11T15:13:04-04:00
Adobe Acrobat 17.0
application/pdf
06110603
uuid:357b78c8-9866-42f1-bb24-c59342eaad57
uuid:2518a17b-c4a8-4590-8575-d2ca19bd3a0d
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
15 0 obj
<>>>
endobj
16 0 obj
<>
endobj
17 0 obj
<>
endobj
19 0 obj
[18 0 R 18 0 R]
endobj
20 0 obj
[18 0 R 18 0 R]
endobj
21 0 obj
[18 0 R 18 0 R]
endobj
18 0 obj
<><><><>]/P 16 0 R/Pg 12 0 R/S/Article>>
endobj
12 0 obj
<>/ProcSet[/PDF/Text]>>/StructParents 0/Type/Page>>
endobj
22 0 obj
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(06110603)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/06110603.html)Tj
49.657 0 Td
([6/11/2021 3:13:04 PM])Tj
EMC
ET
1 g
10 36 591.75 729.75 re
f
0.604 g
q 1 0 0 1 16.0002 734.2497 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 733.5 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 732.7503 cm
0 0 m
0.75 0.75 l
0 1.499 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 733.5 cm
0 0 m
0.75 -0.75 l
0.75 0.75 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 644.2497 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 643.5 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 642.7503 cm
0 0 m
0.75 0.75 l
0 1.499 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 643.5 cm
0 0 m
0.75 -0.75 l
0.75 0.75 l
h
f
Q
/Article <>BDC
EMC
BT
/Article <>BDC
0 g
12 0 0 12 16 749.25 Tm
(DATE: November 16, 2006)Tj
0 -3.25 TD
(In Re:)Tj
0 -2.125 TD
([Redacted])Tj
T*
(Claimant)Tj
0 -3.25 TD
(\))Tj
0 -2.125 TD
(Claims Case No. 06110603)Tj
/TT1 1 Tf
17.822 -2.125 Td
(CLAIMS APPEALS BOARD)Tj
-1.237 -2.125 Td
(RECONSIDERATION DECISION)Tj
-16.585 -2.125 Td
(DIGEST)Tj
/TT0 1 Tf
T*
(When a member is aware or should be aware that he is receiving payments \
in excess of)Tj
/Span<>> BDC
( )Tj
EMC
35.126 0 Td
(his entitlements, he does not)Tj
-35.126 -1.125 Td
(acquire title to the excess amounts and has a duty to hold them for)Tj
/Span<>> BDC
( )Tj
EMC
26.715 0 Td
(eventual repayment.)Tj
/TT1 1 Tf
-26.715 -2.125 Td
(DECISION)Tj
/TT0 1 Tf
T*
(A member requests reconsideration of a decision the Defense Office of He\
arings and)Tj
/Span<>> BDC
( )Tj
EMC
34.237 0 Td
(Appeals \(DOHA\) rendered in)Tj
-34.237 -1.125 Td
(DOHA Claim No. 06100201 \(October 10, 2006\), to partially waive)Tj
/Span<>> BDC
( )Tj
EMC
27.189 0 Td
(his debt in the amount of $14,187.49. )Tj
15.221 0 Td
(The debt arose)Tj
-42.41 -1.125 Td
(from overpayments of pay due to an)Tj
/Span<>> BDC
( )Tj
EMC
14.746 0 Td
(erroneous pay entry base date \(PEBD\).)Tj
/TT1 1 Tf
6.771 -2.125 Td
(Background)Tj
/TT0 1 Tf
-21.517 -2.125 Td
(On December 12, 2003, the member was commissioned as a first lieutenant \
in the United)Tj
/Span<>> BDC
( )Tj
EMC
35.963 0 Td
(States Army Reserve. )Tj
8.942 0 Td
(On)Tj
-44.905 -1.125 Td
(January 4, 2004, he entered active duty at Fort Lee, Virginia. )Tj
24.631 0 Td
(However, the member's PEBD was erroneously)Tj
-24.631 -1.125 Td
(established as December 12, 2000, instead of)Tj
/Span<>> BDC
( )Tj
EMC
18.3 0 Td
(December 12, 2003. )Tj
8.358 0 Td
(As a result of this error, the member erroneously)Tj
-26.659 -1.125 Td
(received base pay as if he)Tj
/Span<>> BDC
( )Tj
EMC
10.495 0 Td
(had over three years of service, as a first lieutenant and then as a cap\
tain, instead of less than)Tj
-10.495 -1.125 Td
(two)Tj
/Span<>> BDC
( )Tj
EMC
(years of service, during the period January 4, 2004, through July 31, 20\
05, causing an)Tj
/Span<>> BDC
( )Tj
EMC
36.298 0 Td
(overpayment in the amount)Tj
-36.298 -1.125 Td
(of $14,187.49.)Tj
T*
(Our Office agreed with the Defense Finance and Accounting Service \(DFAS\
\) and waived)Tj
/Span<>> BDC
( )Tj
EMC
36.126 0 Td
($1,187.54, the portion of the)Tj
-36.126 -1.125 Td
(overpayment accruing from January 4, 2004, through March 31,)Tj
/Span<>> BDC
( )Tj
EMC
25.937 0 Td
(2004. )Tj
(However, our Office denied waiver of the)Tj
-25.937 -1.125 Td
(overpayment accruing from April 1, 2004,)Tj
/Span<>> BDC
( )Tj
EMC
17.217 0 Td
(through July 31, 2005, in the amount of $12,999.95, on the basis that th\
e)Tj
-17.217 -1.125 Td
(member was advised in)Tj
/Span<>> BDC
( )Tj
EMC
9.664 0 Td
(arch 2004 that he was erroneously receiving base pay as if he had over t\
hree years of service. )Tj
37.512 0 Td
(In)Tj
-47.176 -1.125 Td
(addition, even though his years of service were changed in April 2004 fr\
om three years to zero)Tj
/Span<>> BDC
( )Tj
EMC
38.098 0 Td
(years, his base pay)Tj
-38.098 -1.125 Td
(remained the same. )Tj
7.997 0 Td
(Since the member was receiving leave and earnings)Tj
/Span<>> BDC
( )Tj
EMC
20.936 0 Td
(statements \(LES\), he should have noticed the)Tj
-28.933 -1.125 Td
(change in years of service and questioned the fact)Tj
/Span<>> BDC
( )Tj
EMC
20.13 0 Td
(that there was no adjustment in his base pay. )Tj
18.107 0 Td
(Thus, the adjudicator)Tj
-38.237 -1.125 Td
(concluded that if the member)Tj
/Span<>> BDC
( )Tj
EMC
11.968 0 Td
(had questioned his base pay in April 2004 and brought the matter to the \
attention of the)Tj
-11.968 -1.125 Td
(proper)Tj
/Span<>> BDC
( )Tj
EMC
(authorities, presumably the error would have been corrected, preventing \
most if not all of the)Tj
/Span<>> BDC
( )Tj
EMC
40.32 0 Td
(overpayment.)Tj
-40.32 -2.125 Td
(In his request for reconsideration, the member argues that the adjudicat\
or misapplied the)Tj
/Span<>> BDC
( )Tj
EMC
35.655 0 Td
(reasonable person standard and)Tj
-35.655 -1.125 Td
(the "awareness" standard in his case. )Tj
14.95 0 Td
(He states that at the time of)Tj
/Span<>> BDC
( )Tj
EMC
11.191 0 Td
(his commissioning, he had no prior military training or)Tj
-26.141 -1.125 Td
(experience, received no instruction on)Tj
/Span<>> BDC
( )Tj
EMC
15.494 0 Td
(LES, and had no idea what a PEBD was. )Tj
16.58 0 Td
(He cites DOHA Claims Case No.)Tj
-32.074 -1.125 Td
(03050907 \(May 15,)Tj
/Span<>> BDC
( )Tj
EMC
(2003\), where the Board denied waiver on the basis that a petty officer \
first class \(E-6\) with over)Tj
0 -1.125 TD
(fifteen years of service should not have believed that he was entitled t\
o receive basic allowance)Tj
/Span<>> BDC
( )Tj
EMC
38.373 0 Td
(for housing while living)Tj
-38.373 -1.125 Td
(in government quarters. )Tj
9.775 0 Td
(He argues that he should not be held to the)Tj
/Span<>> BDC
( )Tj
EMC
17.329 0 Td
(same standard as someone with over fifteen years of)Tj
-27.104 -1.125 Td
(service. )Tj
3.332 0 Td
(He states that he was unaware that)Tj
/Span<>> BDC
( )Tj
EMC
14.022 0 Td
(his pay was incorrect until after he notified finance officials in April\
2005)Tj
EMC
ET
endstream
endobj
23 0 obj
<>
endobj
24 0 obj
(c\r2IdQk1)
endobj
25 0 obj
<>
endobj
26 0 obj
<>
endobj
29 0 obj
<>
endobj
30 0 obj
<>stream
H\j0~
COkgXr t1NzϊJ3$%CrTVvD~5NvxvV$)NO}Dyl;<#lalE
^aUks?أ m8qM-iʄn7!/svNXFGh0
a>qڥߍyJq&8eN[X2K9#3K|$>1A8#G$$;HrPYq1ja7En=y*vSM[>d|WFwe\0Q҇3ZzI],>^,į W.
endstream
endobj
31 0 obj
<>stream
H|y\TG5o^p fQѬ,d57F(APTE#7Ⅸx}#^(3:Gl#zI蔶(3*Րze@y\䶹c| 08il\G jWU`|l_6PPɩcz\ =ǭDKnGy6K('CcӬz)F:CqwMj"2/)Dn-P_R4$k4zI'I{_xq= gFuFt:j6.~'z(DxiFEJZuz7wO:>u}h0Q``4ao5i oVk{oбS.vQ?{??|ѷ_9``T478~HBbRa)GLz1cǍfĴISM1s9s_0kQ%Y