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(DATE: June 26, 1998)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. 98061501)Tj
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(DIGEST)Tj
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(Debt of service member who was aware of receiving overpayments of active\
duty pay subsequent to his retirement may)Tj
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(The member is considered at fault under the waiver statute because he kn\
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(application.)Tj
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(DECISION)Tj
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(This is in response to an appeal of the Defense Office of Hearings and A\
ppeals \(DOHA\) Settlement Certificate, DOHA)Tj
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(Claim No. 98042007, May 29, 1998,)Tj
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(which denied waiver under 10 U.S.C. \247 2774 of $9,276.95 of a former m\
ember's)Tj
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(Background)Tj
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(Due to an administrative error, the member received erroneous payments o\
f active duty pay and allowances after his)Tj
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(discharge. The first month after his discharge, the member discovered th\
at he was receiving direct deposits of what he)Tj
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(nearest military office which was the local)Tj
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(Army National Guard, but did not contact the finance office at this last\
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(1992,)Tj
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(through September 30, 1992. As a result, the member was overpaid $10,148\
.05. Miscellaneous credits reduced the)Tj
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(overpayment to $9,276.95.)Tj
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(The record indicates that prior to the member's discharge, the member's \
commanding officer and the finance office at)Tj
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(receive full separation pay \($64,959.00\) upon discharge. However, the \
member's)Tj
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(pay, citing 10 U.S.C. \247 1174\(b\). The)Tj
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(member was discharged on April 1, 1992, and received $18,564.45. The mem\
ber asked during his discharge about his)Tj
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(separation pay entitlement. He was informed that the paperwork appeared \
to be correct, but that he could appeal the)Tj
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(calculation.)Tj
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(Believing that he was entitled to full separation pay, the member appeal\
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(representatives concerning his appeal. When he contacted the Army Nation\
al Guard office in May 1992 after)Tj
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(discovering the deposits of active duty pay, he states that he was advis\
ed to let his congressional request resolve the)Tj
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(matter. The administrative report from the Defense Finance and Accountin\
g Service \(DFAS\) found no evidence that the)Tj
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(member notified his congressional representatives specifically of the "e\
xtra money" problem. He apparently applied to)Tj
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(the Army Board for Correction of ilitary Records concerning his separati\
on pay entitlement. In 1996, the member)Tj
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(received a fact sheet from DFAS which stated that he was due full separa\
tion pay and, after offsetting his debt from the)Tj
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(erroneous payments of active duty pay, was owed $3,774.94. Subsequently,\
in January 1997, DFAS informed the)Tj
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(member and his representatives that the U.S. Army Reserve Personnel Cent\
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