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(Date: May 19, 1997)Tj
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(Claimant)Tj
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(Claims Case No. 97011401)Tj
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(he had no)Tj
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(allowance \(VHA\) at the with-dependent rate. )Tj
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(dated September 17, 1996, which denied waiver under 10 U. S. C. )Tj
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(2774 of a service member's debt to the United States)Tj
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(resulting from erroneous payments of pay. )Tj
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(Pursuant to Public Law 104-316, October 19, 1996, the authority of the)Tj
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(Comptroller General to )Tj
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(waive a claim of the United States against a person arising out of an er\
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(\(salary\) or allowances, including travel, transportation or relocation\
expenses and allowances, was )Tj
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(transferred to the)Tj
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(Director, Office of Management and Budget \(OMB\). )Tj
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(The Director of OMB )Tj
(delegated his waiver authority involving all)Tj
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(uniformed service members and civilian employees of )Tj
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(the Department of Defense to the Secretary of Defense. )Tj
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(The)Tj
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(The record shows that the service member was married to another active d\
uty member in August )Tj
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(1992. )Tj
(While he)Tj
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(remained entitled to receive BAQ-Partial, which he had been receiving pr\
ior to his )Tj
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(marriage, he erroneously received)Tj
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(basic allowance for quarters \(BAQ\) and variable housing )Tj
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(allowance \(VHA\) both at the with-dependent rate on behalf of)Tj
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( As a result, he was )Tj
(overpaid $10,203.70 from August 29, 1992, through March 15, 1994. )Tj
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(Miscellaneous)Tj
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(credits )Tj
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(reduced the overpayment to $9,923.42.)Tj
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(GAO sustained DFAS's denial of the member's request for waiver stating t\
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(that the member)Tj
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(On appeal, the member disagrees with GAO's reasoning for denying his req\
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(We may grant waiver of a debt arising out of an erroneous payment of pay\
and)Tj
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(allowances to members or former members if collection would be against e\
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(conscience and not in the best interest of the United States, provided t\
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