%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:13:48-04:00
2021-06-11T15:13:47-04:00
2021-06-11T15:13:48-04:00
Adobe Acrobat 17.0
application/pdf
97050801
uuid:0b6e2eb4-55ab-4c2e-912e-6c87cdf9a40b
uuid:a361e154-4f00-4dff-bf47-4295ffdd9a31
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
14 0 obj
<>>>
endobj
15 0 obj
<>
endobj
16 0 obj
<>
endobj
18 0 obj
[17 0 R 17 0 R]
endobj
19 0 obj
[17 0 R 17 0 R]
endobj
17 0 obj
<><>]/P 15 0 R/Pg 12 0 R/S/Article>>
endobj
12 0 obj
<>/ProcSet[/PDF/Text]>>/StructParents 0/Type/Page>>
endobj
20 0 obj
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(97050801)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/97050801.html)Tj
49.657 0 Td
([6/11/2021 3:13:47 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 650.25 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 649.5003 cm
0 0 m
-0.75 -0.751 l
579 -0.751 l
578.25 0 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 648.7497 cm
0 0 m
0.75 0.751 l
0 1.5 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 649.5003 cm
0 0 m
0.75 -0.751 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: September 16, 1997)Tj
0 -2.75 TD
(In Re:)Tj
0 -2.125 TD
([Redacted])Tj
T*
(Claimant)Tj
0 -2.75 TD
(Claims Case No. 97050801)Tj
/TT1 1 Tf
15.224 -2.125 Td
(CLAIMS APPEALS BOARD DECISION)Tj
-15.224 -2.125 Td
(DIGEST)Tj
/TT0 1 Tf
0 -2.125 TD
(1. In the absence of evidence to dispute a member's statement that he di\
d not know of an overpayment in his final)Tj
0 -1.125 TD
(payment when he did not receive a leave and)Tj
/Span<>> BDC
( )Tj
EMC
18.242 0 Td
(earnings statement for the period, we uphold the waiver granted in the)Tj
-18.242 -1.125 Td
(Settlement Certificate. Opinions of the Defense Finance and Accounting S\
ervice with no)Tj
/Span<>> BDC
( )Tj
EMC
35.795 0 Td
(supporting evidence are)Tj
-35.795 -1.125 Td
(insufficient to overcome the determination in the Settlement.)Tj
0 -2.125 TD
(2. The function of a Settlement Certificate and the adjudicators of our \
Office is one of fact finding, and the function of)Tj
0 -1.125 TD
(this Board is to review the)Tj
/Span<>> BDC
( )Tj
EMC
10.776 0 Td
(reasonableness of the factual findings in the Settlement in light of the\
facts as documented in)Tj
-10.776 -1.125 Td
(the record.)Tj
/TT1 1 Tf
0 -2.125 TD
(DECISION)Tj
/TT0 1 Tf
T*
(The Defense Finance and Accounting Service \(DFAS\) appeals DOHA's Settl\
ement Certificate, DOHA Claim No.)Tj
0 -1.125 TD
(97016121, dated February 11, 1997, which granted waiver under 10 U.S.C. \
\247 2774 of a former member's debt to the)Tj
T*
(United States resulting from erroneous payments of pay.)Tj
/TT1 1 Tf
21.517 -2.125 Td
(Background)Tj
/TT0 1 Tf
-21.517 -2.125 Td
(The record indicates that the member was discharged on July 5, 1995. At \
that time, he was entitled to receive a final)Tj
T*
(separation payment of $957.60,)Tj
/Span<>> BDC
( )Tj
EMC
12.886 0 Td
(representing 5 days of pay and allowances plus 12.5 days of unused leave\
. However,)Tj
-12.886 -1.125 Td
(due to an administrative error, the member was paid $2,588.52. As a resu\
lt,)Tj
/Span<>> BDC
( )Tj
EMC
30.381 0 Td
(he was overpaid $1,630.92.)Tj
-30.381 -2.125 Td
(The DFAS Kansas City Center denied the member's request for waiver, deci\
ding that he should have contacted the)Tj
T*
(proper authorities questioning his)Tj
/Span<>> BDC
( )Tj
EMC
13.665 0 Td
(entitlements. DFAS noted that the member's normal monthly pay was $1,614\
.00.)Tj
-13.665 -2.125 Td
(The member appealed DFAS's denial to our Office arguing that he did not \
receive a Leave and Earnings Statement)Tj
T*
(\(LES\) during the period of erroneous)Tj
/Span<>> BDC
( )Tj
EMC
15.107 0 Td
(payment and that his final entitlements included dependent travel and lo\
dging, his)Tj
-15.107 -1.125 Td
(own travel and lodging, 5 days active duty pay, 12.5 days unused leave, \
and)Tj
/Span<>> BDC
( )Tj
EMC
30.659 0 Td
(partial move pay. We granted waiver)Tj
-30.659 -1.125 Td
(stating that there is no evidence to substantially support a finding tha\
t the member was aware he was receiving pay in)Tj
T*
(excess of his proper entitlement.)Tj
0 -2.125 TD
(DFAS requests that we rescind the determination in our Settlement Certif\
icate and deny the waiver request. It is DFAS's)Tj
0 -1.125 TD
(opinion that the member was provided a copy of how his final separation \
payment was computed and this)Tj
T*
(documentation was issued to him at the time he was issued his final sett\
lement check. DFAS refers to the fact that)Tj
T*
("Procedures are in place for the service member to review the computatio\
n document for correctness and to see how the)Tj
T*
(payment was computed." DFAS states that administrative procedures are in\
place to insure that the member would have)Tj
T*
(been fully counseled on the aspects of travel entitlements, filing proce\
dures, and the payment of those allowances.)Tj
T*
(DFAS also states that travel allowances are paid separately from a membe\
r's final military)Tj
/Span<>> BDC
( )Tj
EMC
36.335 0 Td
(pay and any claim the)Tj
-36.335 -1.125 Td
(member would have been entitled to concerning travel allowances would ha\
ve been addressed in separate)Tj
T*
(correspondence apart from his)Tj
/Span<>> BDC
( )Tj
EMC
12.384 0 Td
(final military pay.)Tj
EMC
ET
endstream
endobj
21 0 obj
<>
endobj
22 0 obj
(Mk<f F*\)p)
endobj
23 0 obj
<>
endobj
24 0 obj
<>
endobj
27 0 obj
<>
endobj
28 0 obj
<>stream
H\j0~
COkgXr t1NzϊJ3$%CrTVvD~5NvxvV$)NO}Dyl;<#lalE
^aUks?أ m8qM-iʄn7!/svNXFGh0
a>qڥߍyJq&8eN[X2K9#3K|$>1A8#G$$;HrPYq1ja7En=y*vSM[>d|WFwe\0Q҇3ZzI],>^,į W.
endstream
endobj
29 0 obj
<>stream
H|y\TG5o^p rfQ,,d57FCEPTQ0xߊx!x}"*̈+jM20=bߧ~ !g[',V!qiP?"ݐ~ץ@
@,)j@aO'h4 1.Q^1_ a=l@jzF1eʐ8iҝX &6qi
s8x(|08.51pYLw6dx3GaiB/@5 C//[(W$/^ɲFD2
/nBг{'㬖9P+9N,ws
Dh\sAI+NUۧ@
6
QFShV&Mn-iݿFnm:vs~uG?Y}}~1q*>!1ɃRRI:lx#Ff=曱2;!'N