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(DATE: June 4, 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. 97022502)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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(Generally, when a payment of Selective Reenlistment Bonus \(SRB\) is err\
oneous when paid, it may )Tj
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(be considered for)Tj
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(waiver. )Tj
(When a service member has served more than the pro-rata period for )Tj
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(which he received the erroneous SRB, his)Tj
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(debt may be waived. )Tj
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(Any amount he has repaid may be )Tj
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(This is in response to an appeal of the U.S. General Accounting Office's\
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(Certificate B-274759,)Tj
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(Reenlistment Bonus payment when the member completes his )Tj
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(reenlistment contract on June 23, 1999. )Tj
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(Pursuant to)Tj
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(Public Law No. 104-316, October 19, 1996, )Tj
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(the authority of the Comptroller General to waive a claim of the United)Tj
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(States against a person )Tj
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(arising out of an erroneous payment of pay \(salary\) or allowances, inc\
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(transportation, )Tj
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(or relocation expenses and allowances was transferred to the Director Of\
fice of Management )Tj
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(\(OMB\).)Tj
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(The Director of OMB delegated his waiver authority involving all uniform\
ed service )Tj
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(members and civilian employees)Tj
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(of the Department of Defense to the Secretary of Defense. )Tj
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(The )Tj
(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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(The record indicates that the service member reenlisted on June 24, 1995\
, for four years and was )Tj
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(Selective Reenlistment Bonus \(SRB\) of $10,300. )Tj
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(The member received the )Tj
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(first installment of $3,708 before it was)Tj
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(discovered that he was not eligible for the SRB. )Tj
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(Between )Tj
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(August 1, 1995, and July 31, 1996, the member's debt was)Tj
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(liquidated. )Tj
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(The member requested )Tj
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(waiver of the government's claim against him under 10 U.S.C. )Tj
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(2774. )Tj
(The GAO)Tj
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(agreed that waiver )Tj
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(of the overpayment was appropriate; however, repayment of the $3,708 rec\
ouped would not occur)Tj
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(until the end of the 48-month contract.)Tj
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(The Marine Corps requests that the recouped $3,708 be repaid immediately\
. )Tj
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(The Marine Corps )Tj
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(notes that the member)Tj
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(had served approximately 20 months of his 48-month contract at the time \
its )Tj
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(request was filed.)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\
quity and good)Tj
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(conscience and not in the best interest of the United States, provided t\
here is no indication of fraud, )Tj
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(fault,)Tj
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( 10 U.S.C.)Tj
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(2774 \(1995\). )Tj
(In the present case, the erroneous payment was waived; however, in the i\
nterest of the )Tj
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(government, GAO)Tj
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(contract.)Tj
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(308, which requires that a member who )Tj
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