%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:13:52-04:00
2021-06-11T15:13:51-04:00
2021-06-11T15:13:52-04:00
Adobe Acrobat 17.0
application/pdf
97090810
uuid:eadfbec6-aa66-4301-a642-ffcbb575e3e2
uuid:e51d6c07-bb53-4492-b089-19559a7bd319
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
(97090810)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/97090810.html)Tj
49.657 0 Td
([6/11/2021 3:13:52 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
/Article <>BDC
BT
0 g
12 0 0 12 16 749.25 Tm
(DATE: October 1, 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. 97090810)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
(A member who separated from the service received final pay, then receive\
d active duty pay at the end of the month for)Tj
0 -1.125 TD
(days after she had already separated from)Tj
/Span<>> BDC
( )Tj
EMC
16.853 0 Td
(the service. Waiver of such an overpayment is inappropriate since a pers\
on of)Tj
-16.853 -1.125 Td
(her experience reasonably knew or should have known that she was receivi\
ng pay)Tj
/Span<>> BDC
( )Tj
EMC
33.016 0 Td
(in excess of her entitlement. The)Tj
-33.016 -1.125 Td
(member should have at least questioned payment of such active duty pay. \
The member did not acquire title to the money)Tj
T*
(she)Tj
/Span<>> BDC
( )Tj
EMC
(received and is obligated to return it.)Tj
/TT1 1 Tf
0 -2.125 TD
(DECISION)Tj
/TT0 1 Tf
T*
(This is in response to an appeal of Claim Settlement, DOHA Claim No. 970\
12131, May 7, 1997, which allowed in part,)Tj
0 -1.125 TD
(and denied in part, waiver of a service)Tj
/Span<>> BDC
( )Tj
EMC
15.521 0 Td
(member's debt.)Tj
/TT1 1 Tf
5.996 -2.125 Td
(Background)Tj
/TT0 1 Tf
-21.517 -2.125 Td
([Redacted], United States Army, separated from the Army on June 23, 1992\
. Records show that she earned $33,698.99)Tj
T*
(for the period June 16 through June 23,)Tj
/Span<>> BDC
( )Tj
EMC
15.969 0 Td
(1992. That amount included a special separation benefit. An advance pay)Tj
-15.969 -1.125 Td
(balance of $ 937.50 was due upon separation. In addition, allotments and\
excess leave)Tj
/Span<>> BDC
( )Tj
EMC
34.684 0 Td
(charges should have been)Tj
-34.684 -1.125 Td
(deducted from the member's final separation payment which were not deduc\
ted, creating a debt of $2,590.69. Thus, the)Tj
T*
(member)Tj
/Span<>> BDC
( )Tj
EMC
3.526 0 Td
(should have received a final separation payment of $31,108.30, \($33,698\
.99 - $2,590.69\) but due to)Tj
-3.526 -1.125 Td
(administrative error she was paid $31,991.84. As a result,)Tj
/Span<>> BDC
( )Tj
EMC
23.3 0 Td
(she was overpaid $883.54. In addition, on June 30, after)Tj
-23.3 -1.125 Td
(separation from the Army, she erroneously received active duty pay in th\
e amount of $1,547.88,)Tj
/Span<>> BDC
( )Tj
EMC
38.739 0 Td
(increasing the total)Tj
-38.739 -1.125 Td
(debt to $2,431.42. The Claims Settlement allowed waiver of $883.54, and \
denied waiver of $1,547.88.)Tj
/TT1 1 Tf
21.906 -2.125 Td
(Discussion)Tj
/TT0 1 Tf
-21.906 -2.125 Td
(Section 2774 of title 10 of the United States Code provides authority fo\
r waiving claims for erroneous payment of pay)Tj
T*
(and certain allowances made to or on)Tj
/Span<>> BDC
( )Tj
EMC
15.133 0 Td
(behalf of members or former members of the uniformed services, if collec\
tion of)Tj
-15.133 -1.125 Td
(the claim would be against equity and good conscience and not in the bes\
t)Tj
/Span<>> BDC
( )Tj
EMC
29.881 0 Td
(interest of the United States. Generally these)Tj
-29.881 -1.125 Td
(criteria are met by a finding that the claim arises from an administrati\
ve error with no indication of fraud, fault,)Tj
T*
(misrepresentation or lack of good faith on the part of the member or any\
other person having an interest in obtaining the)Tj
T*
(waiver. The standard employed to)Tj
/Span<>> BDC
( )Tj
EMC
13.884 0 Td
(determine whether a person was "at fault" in accepting an overpayment is\
whether,)Tj
-13.884 -1.125 Td
(under the particular circumstances, a reasonable person should have know\
n)Tj
/Span<>> BDC
( )Tj
EMC
30.406 0 Td
(or suspected that he was receiving more)Tj
-30.406 -1.125 Td
(than his entitlement. )Tj
8.387 0 Td
(See)Tj
ET
0.75 w
q 1 0 0 1 116.6465 145.5 cm
0 0 m
17.326 0 l
h
S
Q
BT
12 0 0 12 133.9727 146.25 Tm
( )Tj
(Petty Officer Ricky Johnson, USN)Tj
ET
q 1 0 0 1 136.9727 145.5 cm
0 0 m
166.318 0 l
h
S
Q
BT
12 0 0 12 303.291 146.25 Tm
(, B-256417, July 22, 1994; DOHA Claims Case No.)Tj
-23.941 -1.125 Td
(97052730 \(July 10, 1997\). A service member who knows that he is receiv\
ing payments in error has the duty to retain)Tj
T*
(such amounts for refund. A service)Tj
/Span<>> BDC
( )Tj
EMC
14.301 0 Td
(member is not entitled to waiver as a matter of right whenever he receiv\
es an)Tj
-14.301 -1.125 Td
(overpayment as a result of an administrative error. )Tj
20.409 0 Td
(See)Tj
ET
q 1 0 0 1 260.9102 105 cm
0 0 m
17.326 0 l
h
S
Q
BT
12 0 0 12 278.2363 105.75 Tm
( DOHA Claims Case No.)Tj
/Span<>> BDC
( )Tj
EMC
(97012103 \( June 26, 1997\).)Tj
-21.853 -2.125 Td
(The Defense Finance and Accounting Service report stated that the member\
had been in an excess leave status for a long)Tj
T*
(period; that she should have noticed)Tj
/Span<>> BDC
( )Tj
EMC
14.663 0 Td
(that the leave she had taken had not been posted at the time of her sepa\
ration; and)Tj
-14.663 -1.125 Td
(that she had sufficient time to check her leave and earnings statements \
and)Tj
/Span<>> BDC
( )Tj
EMC
30.072 0 Td
(had a duty to report the discrepancy. Further,)Tj
ET
q
10 36 592 730 re
W n
BT
12 0 0 12 16 39.75 Tm
(the report states that the member should have known that the unposted le\
ave would create a debt. However, this)Tj
/Span<>> BDC
( )Tj
EMC
44.959 0 Td
(Office)Tj
ET
EMC
Q
endstream
endobj
21 0 obj
<>
endobj
22 0 obj
(f-z./!K)
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 ^(GԸh4&K<1YƍQ7
APxFH"^(
Ⅸx1#!~4?~~ ^
?k:`Rla
NJl7-zcI7]Կ
[&Ih=PC'|I0vZ0䋉@A_ۡ
.zЄ='}7qQۑ@M'6 Èu