%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:14:44-04:00
2021-06-11T15:14:44-04:00
2021-06-11T15:14:44-04:00
Adobe Acrobat 17.0
application/pdf
99010416
uuid:17c32572-1a87-4036-be0a-99a198eab63e
uuid:ddf6b4f3-d020-43ec-8d74-8c6cfac008ca
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
15 0 obj
<>>>
endobj
16 0 obj
<>
endobj
17 0 obj
<>
endobj
19 0 obj
[18 0 R 18 0 R]
endobj
20 0 obj
[18 0 R 18 0 R]
endobj
18 0 obj
<><>]/P 16 0 R/Pg 13 0 R/S/Article>>
endobj
13 0 obj
<>/ProcSet[/PDF/Text]>>/StructParents 0/Type/Page>>
endobj
21 0 obj
[28 0 R 29 0 R]
endobj
22 0 obj
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(99010416)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/99010416.html)Tj
49.657 0 Td
([6/11/2021 3:14:44 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: February 18, 1999)Tj
0 -2.75 TD
(In Re:)Tj
0 -2.125 TD
([Redacted])Tj
T*
(Claimant)Tj
0 -2.75 TD
(\))Tj
0 -2.125 TD
(Claims Case No. 99010416)Tj
/TT1 1 Tf
15.224 -2.125 Td
(CLAIMS APPEALS BOARD DECISION)Tj
-15.224 -2.125 Td
(DIGEST)Tj
/TT0 1 Tf
T*
(After discharge, a member erroneously continued to receive active duty p\
ay, but did not receive Leave and Earnings)Tj
0 -1.125 TD
(Statements or other)Tj
/Span<>> BDC
( )Tj
EMC
8.026 0 Td
(documents explaining the payments. The member should have questioned his\
finance officer to)Tj
-8.026 -1.125 Td
(verify the nature and amount of the)Tj
/Span<>> BDC
( )Tj
EMC
14.356 0 Td
(payments. Not having done so, under the 10 U.S.C. \247 2774, the member \
is)Tj
-14.356 -1.125 Td
(considered partially at fault; and, therefore, waiver is not)Tj
/Span<>> BDC
( )Tj
EMC
22.963 0 Td
(appropriate.)Tj
/TT1 1 Tf
-22.963 -2.125 Td
(DECISION)Tj
/TT0 1 Tf
0 -2.125 TD
(This is in response to an appeal of our October 6, 1998, Settlement Cert\
ificate, DOHA Claim No. 98082408 which)Tj
0 -1.125 TD
(sustained the)Tj
/Span<>> BDC
( )Tj
EMC
5.443 0 Td
(Defense Finance and Accounting Office's \(DFAS\) denial of a Department \
of Defense \(DoD\) employee's)Tj
-5.443 -1.375 Td
(application for waiver of a debt)Tj
/Span<>> BDC
( )Tj
EMC
12.828 0 Td
(of $1,959.74.)Tj
0 0 0.933 rg
9.75 0 0 9.75 233.9336 413.25 Tm
(\(1\))Tj
ET
0 0 0.933 RG
0.75 w
q 1 0 0 1 233.9336 412.5 cm
0 0 m
11.369 0 l
h
S
Q
BT
0 g
12 0 0 12 245.3022 408.75 Tm
( The debt arose when the member received erroneous salary payments.)Tj
/TT1 1 Tf
2.408 -2.125 Td
(Background)Tj
/TT0 1 Tf
-21.517 -2.125 Td
(The record indicates that the member was discharged on December 7, 1996.\
He was entitled to receive a final separation)Tj
T*
(payment in the)Tj
/Span<>> BDC
( )Tj
EMC
6.193 0 Td
(amount of $509.53. He erroneously received active duty pay on December 1\
3, in the amount of $879.88;)Tj
-6.193 -1.125 Td
(on December 31, in the)Tj
/Span<>> BDC
( )Tj
EMC
9.608 0 Td
(amount of $1,127.19; and on January 15, 1997, in the amount of $832.55. \
Our Settlement)Tj
-9.608 -1.125 Td
(Certificate waived the $370.35 difference)Tj
/Span<>> BDC
( )Tj
EMC
16.881 0 Td
(between his entitlement and the December 13 payment after finding that t\
he)Tj
-16.881 -1.125 Td
(member reasonably assumed the payment on December 13)Tj
/Span<>> BDC
( )Tj
EMC
23.825 0 Td
(was appropriate as final separation pay.)Tj
-23.825 -2.125 Td
(Prior to discharge, the member was married and served on temporary duty \
for six months. He left his duty station in)Tj
T*
(October 1996 and)Tj
/Span<>> BDC
( )Tj
EMC
(was on leave until his discharge in December 1996. He states that the am\
ount of his pay was)Tj
T*
(inconsistent during this time, and he)Tj
/Span<>> BDC
( )Tj
EMC
14.748 0 Td
(believed he had been underpaid and also was owed travel expenses.)Tj
-14.748 -2.125 Td
(On appeal the member reiterates that he did not receive Leave and Earnin\
gs statements for October, November, or)Tj
T*
(December 1996.)Tj
/Span<>> BDC
( )Tj
EMC
6.858 0 Td
(Because his previous checks were inconsistent and he did not receive any\
documentation explaining)Tj
-6.858 -1.125 Td
(the payments he received after)Tj
/Span<>> BDC
( )Tj
EMC
12.466 0 Td
(discharge, he believed the payments he received in December and January \
were owed)Tj
-12.466 -1.125 Td
(him. He does not believe he should be penalized)Tj
/Span<>> BDC
( )Tj
EMC
19.605 0 Td
(for the administrative error made by the government.)Tj
/TT1 1 Tf
2.3 -2.125 Td
(Discussion)Tj
/TT0 1 Tf
-21.906 -2.125 Td
(Under 10 U.S.C. \247 2774, this Office may waive claims of the United St\
ates against members or former members of the)Tj
T*
(United States)Tj
/Span<>> BDC
( )Tj
EMC
5.61 0 Td
(only when collection would be against equity and good conscience and not\
be in the best interest of the)Tj
-5.61 -1.125 Td
(United States and there is no)Tj
/Span<>> BDC
( )Tj
EMC
11.72 0 Td
(indication of fraud, fault, misrepresentation, or lack of good faith on \
the part of the)Tj
-11.72 -1.125 Td
(member or former member or anyone else having an)Tj
/Span<>> BDC
( )Tj
EMC
21.297 0 Td
(interest in obtaining the waiver. The standard employed to)Tj
-21.297 -1.125 Td
(determine whether a person was at fault in accepting an erroneous paymen\
t)Tj
/Span<>> BDC
( )Tj
EMC
30.377 0 Td
(is whether, under the particular)Tj
-30.377 -1.125 Td
(circumstances involved, a reasonable person should have been aware that \
he was receiving payments to)Tj
/Span<>> BDC
( )Tj
EMC
41.707 0 Td
(which he was)Tj
-41.707 -1.125 Td
(not entitled. )Tj
/TT2 1 Tf
5.027 0 Td
(See)Tj
/TT0 1 Tf
( Standards for Waiver, 4 C.F.R. \247 91.5\(b\) \(1996\); DOHA Claims Cas\
e No. 97090810 \(October 1,)Tj
0 0 0.933 rg
9.75 0 0 9.75 46.9961 41.25 Tm
(\(2\))Tj
ET
q 1 0 0 1 46.9961 40.5 cm
0 0 m
11.369 0 l
h
S
Q
EMC
endstream
endobj
23 0 obj
<>
endobj
24 0 obj
(t eС/Yb?)
endobj
25 0 obj
<>
endobj
26 0 obj
<>
endobj
27 0 obj
<>
endobj
34 0 obj
<>
endobj
35 0 obj
<>stream
H\n E|,EGHREp`Z1߁RHx0s1wCul7A]mgqypkgEt_ů'*q¾ ϰx2"y}g:KHs?أ - 4XwӼ!qW*Q:(Z#SjLs6!gG@f^Yd
ļ_})Ne3~33=JIK$kʠ)YSMcE
vPᵾyO6FG L@
endstream
endobj
36 0 obj
<>stream
H|TT=\
ܙKlw$K^c" E%&*FTv4ػbG.2#v('![Yk}97@ĂUSc]ZHXdhTҲM
ׅ
67-; Q"4xDI
〖^rl!2~-cޑ1IK=.&P]DQdhL,}&B#G{,`8$s`۴Qkd(UM)
TeI/9RY@٢ֈ&]ڙ\TL-H
]-5(z>_*7䌪Hsy[PCnP\\U[eʖs/UwUV1ifOzjXn
6jܤi-Z|mڶkߡ'>]_}o~{pH(zջO~#4xHOC/#Gظq'O0yig̜5{ܤy`K.[beʪk6nڼe;Rwڽgi8u'N:3gϝp\ٯ\(7UW`̆ˁEѦŦZGuѾպjݴ6-C;ٴ'<<ռfγt$Xf[VY
Vk9UְֲvZ}
A/^z%z=VL}Nߢ ~Eڿ?G6Œ2!eCJjJtqz;8m흁EEE%g&