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(DATE: )Tj
(March 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. 97013101)Tj
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(DIGEST)Tj
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(10 U.S.C. )Tj
(2774 is precluded.)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-2942203-025,)Tj
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(June 19, 1995, which denied the request of a former Navy member for )Tj
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(waiver of a debt of $883.99, which arose when)Tj
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(he received Basic Allowance for Quarters \(BAQ\) at )Tj
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(the with-dependent rate on behalf of his wife while he was)Tj
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(Pursuant to)Tj
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(travel,)Tj
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(transportation, or relocation expenses and allowances was transferred to\
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(of Management and Budget)Tj
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(\(OMB\). )Tj
(The Director of OMB delegated his waiver authority )Tj
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(employees of the Department of Defense to )Tj
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(the Secretary of Defense. )Tj
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(Secretary.)Tj
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(Background)Tj
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(The former member was separated from his wife in May 1993 and retained c\
ustody of their children. )Tj
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(When it was)Tj
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(ceased to be his dependents. )Tj
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(In)Tj
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(under which he had no obligation to support his wife.)Tj
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(Also in November 1993, he vacated military )Tj
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(dependents, he was )Tj
(erroneously paid BAQ at the with-dependent rate from December 10, 1993, \
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(1994, resulting in a debt of $883.99. )Tj
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(The record indicates that the disbursing officer admits )Tj
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(his waiver request on the fact that he was )Tj
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(misinformed as to his entitlement. )Tj
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(The overpayments were deducted from his)Tj
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(pay when he was )Tj
(separated from the Navy, and he requests reimbursement.)Tj
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(Discussion)Tj
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(Under 10 U.S.C. )Tj
(2774, we may waive collection of erroneous payments of pay and allowance\
s )Tj
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(The statute further provides that waiver cannot be )Tj
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