%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:13:19-04:00
2021-06-11T15:13:19-04:00
2021-06-11T15:13:19-04:00
Adobe Acrobat 17.0
application/pdf
07042001
uuid:753d0cde-0528-485c-827b-4df1757d946d
uuid:6bff2bef-67d7-4607-962f-d52a86796dcd
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
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(07042001)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/07042001.html)Tj
49.657 0 Td
([6/11/2021 3:13:19 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: April 30, 2007)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. 07042001)Tj
/TT1 1 Tf
15.224 -2.125 Td
(CLAIMS APPEALS BOARD DECISION)Tj
-15.224 -2.125 Td
(DIGEST)Tj
/TT0 1 Tf
T*
(When a member ordered to active duty receives full )Tj
/TT2 1 Tf
21.019 0 Td
(per diem)Tj
/TT0 1 Tf
( and it is later determined)Tj
/Span<>> BDC
( )Tj
EMC
13.968 0 Td
(that he was not entitled to it)Tj
-34.986 -1.125 Td
(because his home of record was within the commuting distance of)Tj
/Span<>> BDC
( )Tj
EMC
26.687 0 Td
(his duty station, erroneous payments paid to the)Tj
-26.687 -1.125 Td
(member can be waived only to the extent the)Tj
/Span<>> BDC
( )Tj
EMC
18.188 0 Td
(money was spent for its intended purpose.)Tj
/TT1 1 Tf
-18.188 -2.125 Td
(DECISION)Tj
/TT0 1 Tf
T*
(A Reservist in the Air National Guard \(ANG\) requests that we reconside\
r the October 21,)Tj
/Span<>> BDC
( )Tj
EMC
36.101 0 Td
(2005, Settlement Certificate)Tj
-36.101 -1.125 Td
(of the Defense Office of Hearings and Appeals \(DOHA\) in DOHA)Tj
/Span<>> BDC
( )Tj
EMC
(Claim No. 05093008. )Tj
35.936 0 Td
(The member's total debt for)Tj
-35.936 -1.125 Td
(the overpayment of )Tj
/TT2 1 Tf
8.025 0 Td
(per diem)Tj
/TT0 1 Tf
( is $41,067.88. )Tj
(Our Office waived $21,528.19 of the claim against him, but denied waiver\
)Tj
-8.025 -1.125 Td
(of the remaining)Tj
/Span<>> BDC
( )Tj
EMC
6.859 0 Td
($19,539.69. )Tj
(The member requests that we waive an additional $17,500.50.)Tj
/TT1 1 Tf
14.658 -2.125 Td
(Background)Tj
/TT0 1 Tf
-21.517 -2.125 Td
(The record shows that the member was ordered to active duty. )Tj
25.158 0 Td
(Prior to receiving his)Tj
/Span<>> BDC
( )Tj
EMC
8.665 0 Td
(orders, the member vacated his)Tj
-33.823 -1.125 Td
(residence in Antioch, Tennessee, which was approximately 14)Tj
/Span<>> BDC
( )Tj
EMC
25.214 0 Td
(miles from his duty station in Nashville, Tennessee. )Tj
20.997 0 Td
(The)Tj
-46.211 -1.125 Td
(member moved his belongings to a)Tj
/Span<>> BDC
( )Tj
EMC
14.275 0 Td
(friend's house in Union City, Tennessee, which was approximately 180 mil\
es from)Tj
-14.275 -1.125 Td
(his duty)Tj
/Span<>> BDC
( )Tj
EMC
(station. )Tj
6.611 0 Td
(He maintained a post office box address in Antioch, Tennessee. )Tj
25.714 0 Td
(When the member)Tj
/Span<>> BDC
( )Tj
EMC
7.636 0 Td
(arrived for duty in)Tj
-39.961 -1.125 Td
(Nashville, he was given a non-availability statement for lodging and mes\
s.)Tj
T*
(He was told that he could secure commercial lodging and receive full )Tj
/TT2 1 Tf
27.99 0 Td
(per diem)Tj
/TT0 1 Tf
(. )Tj
(When the)Tj
/Span<>> BDC
( )Tj
EMC
8.136 0 Td
(member filed his travel)Tj
-36.126 -1.125 Td
(claims, he used his Union City address. )Tj
16.026 0 Td
(He subsequently received full)Tj
/Span<>> BDC
( )Tj
EMC
/TT2 1 Tf
12.163 0 Td
(per diem)Tj
/TT0 1 Tf
( for the duty he performed in Nashville,)Tj
-28.188 -1.125 Td
(during the period December 7, 2001, through)Tj
/Span<>> BDC
( )Tj
EMC
18.356 0 Td
(September 17, 2003, because his Union City address was not within the)Tj
-18.356 -1.125 Td
(commuting distance of)Tj
/Span<>> BDC
( )Tj
EMC
9.415 0 Td
(his duty station. )Tj
6.611 0 Td
(It was later determined that the member was not entitled to full )Tj
/TT2 1 Tf
25.437 0 Td
(per diem)Tj
/TT0 1 Tf
-41.462 -1.125 Td
(because he had not established residence in Union City. )Tj
22.549 0 Td
(His home of record was determined to)Tj
/Span<>> BDC
( )Tj
EMC
15.579 0 Td
(be Antioch, which was)Tj
-38.128 -1.125 Td
(within the commuting distance of Nashville. )Tj
18.024 0 Td
(As a result, the member was)Tj
/Span<>> BDC
( )Tj
EMC
11.58 0 Td
(overpaid $41,067.88.)Tj
-29.604 -2.125 Td
(In his request for waiver, the member provided receipts for lodging \($2\
0,278.85\) and)Tj
/Span<>> BDC
( )Tj
EMC
34.268 0 Td
(estimated that he spent $25 a day)Tj
-34.268 -1.125 Td
(on meals during the period of overpayment. )Tj
17.773 0 Td
(The Defense)Tj
/Span<>> BDC
( )Tj
EMC
(Finance and Accounting Service \(DFAS\) recommended that)Tj
-17.773 -1.125 Td
(our Office give the member credit)Tj
/Span<>> BDC
( )Tj
EMC
13.883 0 Td
(for the $20,278.58 he spent on lodging and $8,775.00 he spent on meals. \
)Tj
29.329 0 Td
(In)Tj
-43.212 -1.125 Td
(considering his)Tj
/Span<>> BDC
( )Tj
EMC
6.333 0 Td
(request for waiver, our Office agreed with DFAS finding that the member \
expended $29,053.85)Tj
-6.333 -1.125 Td
(\($20,278.85 + $8,775.00\) for its intended purpose in reliance on the e\
rroneous information he)Tj
/Span<>> BDC
( )Tj
EMC
37.722 0 Td
(received. )Tj
3.886 0 Td
(Our Office gave)Tj
-41.608 -1.125 Td
(the member credit for the $29,053.85 he expended minus basic)Tj
/Span<>> BDC
( )Tj
EMC
25.437 0 Td
(allowance for housing \($4,424.81\) and basic allowance)Tj
-25.437 -1.125 Td
(for subsistence \($3,100.85\) he received)Tj
/Span<>> BDC
( )Tj
EMC
15.967 0 Td
(during the period, or $21,528.19. )Tj
13.47 0 Td
(However, our Office concluded that collection)Tj
-29.437 -1.125 Td
(of the)Tj
/Span<>> BDC
( )Tj
EMC
(remaining portion of the overpayment \($19,539.69\) would not be against\
equity and good)Tj
/Span<>> BDC
( )Tj
EMC
38.686 0 Td
(conscience since there)Tj
-38.686 -1.125 Td
(was no evidence showing he expended it for its intended purpose.)Tj
T*
(In his request for reconsideration, the member states that he is unable \
to give a day- to-)Tj
/Span<>> BDC
( )Tj
EMC
35.044 0 Td
(day itemization of his expenses)Tj
EMC
ET
endstream
endobj
24 0 obj
<>
endobj
25 0 obj
(/L7Xaq})
endobj
26 0 obj
<>
endobj
27 0 obj
<>
endobj
28 0 obj
<>
endobj
33 0 obj
<>
endobj
34 0 obj
<>stream
H\j0~
Cq5)(
=@b+aq~B˒oM큿YaF9\IGm1{Sg'q-36]7i3?8AU
txEqi2>7Gv]gFd"UxU14_T ;DrKd2LO0Q"!.S~:qM|N5ϡ9O^1\i1ÀlTa_ ʁ
endstream
endobj
35 0 obj
<>stream
H|XT3"M݅Q1R^c" ETPThbDEPĎƂui*V
{uQ,OK̢Oޗ;sfΜ{@ h @U-
[hxlX\ƺ >>^-_l_7,v`w M :Yc<~ytdXɋg ~G vΡOwtl|BZKd b\17L7GFax ⭮dlqc#r^3 (,
u ʄ(
@n5,6j>R[k~gE 4F`{xnaSnvoؒ)m|`g/*oխQcw&M5WyJj[}Тem>iۮ_:w-{{ݧog~ŗ_}onqHHh
=|ȘQƌ ')S:=iYɳSRM>E,XV\:su7lgeRަ[n۾c箂{
%GJ;^vg.^WM.jv0
bbyQMBsh
!,!E'
/T#T#UUe*T՞OFJ+
ID:/'VNSP4C45Ś,Bkmu66Jږ0mK#N!76r9@$9Y#/y6P''3U.@Յt#uLqg7h[->Z/kZwf2(Wl&o
I9:*jȂv !L-B
8U<=3=IZ/"%JRt]z&T:JNWgr $iqph=rFqP
wL92
H!|YjQY:sޖ~jm~%oDZq%jjb7Ď+AMy͉JW.4 7 abdh373ۚ?41640fwȪXbZbZkJ0mTƘBk
4}.FҨ563Pi0nvJ
E>:b`bkei6h
"[3J
#.Jxզ/_fxZA 4"QO
/8aM/v{vxkqMP*+s Z [3wsX8ob5B AP<%pfBJȆ)tXURHb^*ȁ^ZȃcP
`(C:D@DQ8Sp,r1̇pC4