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(Date: May 20, 1997)Tj
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(In Re:)Tj
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([Redacted])Tj
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(Claimant)Tj
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(Claims Case No. 97011405)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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(Service member who received discharge pay and allowances, and appropriat\
e documentation, at his )Tj
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(out-processing)Tj
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(briefing is considered partially at fault for not questioning an end-of-\
month payment )Tj
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(received after discharge. )Tj
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(Waiver is)Tj
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(denied.)Tj
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(DECISION)Tj
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(This is in response to an appeal of the U.S. General Accounting Office's\
\(GAO\) Settlement )Tj
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(Certificate, Z-2943469,)Tj
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(dated August 8, 1996, which denied waiver under 10 U.S.C. )Tj
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(2774 of a )Tj
(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 )Tj
(Public Law 104-316, October 19, 1996, the authority of the)Tj
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(Comptroller General to waive a claim )Tj
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(of the United States against a person arising out of an erroneous paymen\
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(\(salary\) or )Tj
(allowances, including travel, transportation or relocation expenses and \
allowances, was transferred )Tj
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(to the)Tj
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(Director, Office of Management and Budget \(OMB\). )Tj
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(The Director of OMB delegated his )Tj
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(waiver authority involving all)Tj
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(uniformed service members and civilian employees of the Department )Tj
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(of Defense to the Secretary of Defense. )Tj
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(The)Tj
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(Defense Office of Hearings and Appeals exercises the )Tj
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(authority of the Secretary.)Tj
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(Background)Tj
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(On September 7, 1994, the service member was discharged. )Tj
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(At the time of discharge, he received a )Tj
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(final payment for 7)Tj
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(applicable taxes. )Tj
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(The Finance and)Tj
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(Accounting Office \(FAO\) failed to remove the member's name )Tj
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(from the pay system, which erroneously issued the)Tj
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(member an end-of-month payment of $1226.95, )Tj
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($926.95 plus allotments of $300. )Tj
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(The erroneous overpayment was)Tj
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(discovered by the Defense )Tj
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(Finance and Accounting Service during a routine after-separation audit i\
n December 1994.)Tj
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(GAO waived the $300 overpayment of allotments, but denied waiver of the \
$926.95, stating that the )Tj
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(member should)Tj
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(have known he was not entitled to receive any additional pay after disch\
arge.)Tj
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(The service member appeals the denial arguing that he had no reason to d\
ispute the end-of-month )Tj
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(payment. )Tj
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(He states)Tj
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(that he was given a finance briefing by a representative of the office a\
nd a )Tj
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(financial outline showing that the discharge)Tj
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(payment was for 7 days pay and accrued leave. )Tj
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(The )Tj
(member further claims that the representative informed him that he)Tj
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(would not receive any separation )Tj
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(pay but would receive end-of-the month pay for September. )Tj
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(he)Tj
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(Discussion)Tj
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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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(fault,)Tj
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