%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:14:51-04:00
2021-06-11T15:14:51-04:00
2021-06-11T15:14:51-04:00
Adobe Acrobat 17.0
application/pdf
99033117
uuid:9c6e7515-c0b4-45cc-bc1e-7ac7203a278d
uuid:ad33e61a-638b-4046-ac3a-020460507129
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]
endobj
22 0 obj
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(99033117)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/99033117.html)Tj
49.657 0 Td
([6/11/2021 3:14:51 PM])Tj
EMC
ET
1 g
10 36 591.75 729.75 re
f
0.604 g
q 1 0 0 1 16.0002 759.7503 cm
0 0 m
0.75 -0.751 l
579 -0.751 l
579.749 0 l
h
f
Q
0.933 g
q 1 0 0 1 16.7499 758.9997 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 758.25 cm
0 0 m
0.75 0.75 l
0 1.5 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 758.9997 cm
0 0 m
0.75 -0.75 l
0.75 0.751 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 675.7497 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 675 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 674.2503 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 675 cm
0 0 m
0.75 -0.75 l
0.75 0.75 l
h
f
Q
/Article <>BDC
EMC
/Article <>BDC
BT
0 g
12 0 0 12 16 741.75 Tm
(In Re:)Tj
0 -2.125 TD
([Redacted])Tj
T*
(Claimant)Tj
0 -3.25 TD
(\))Tj
0 -2.125 TD
(April 15, 1999)Tj
T*
(Claims Case No. 99033117)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*
(When a member is aware that he has received an overpayment, he does not \
acquire title to the excess amounts, and he)Tj
0 -1.125 TD
(has a duty to hold)Tj
/Span<>> BDC
( )Tj
EMC
7.36 0 Td
(the money for eventual repayment. In such circumstances waiver is not pr\
oper under 10 U.S.C. \247)Tj
-7.36 -1.125 Td
(2774.)Tj
/TT1 1 Tf
0 -2.125 TD
(DECISION)Tj
/TT0 1 Tf
T*
(A former Navy member appeals the November 16, 1998, Settlement Certifica\
te of the Defense Office of Hearings and)Tj
0 -1.125 TD
(Appeals)Tj
/Span<>> BDC
( )Tj
EMC
(\(DOHA\) in DOHA Claim No. 98111207, which denied )Tj
(the service member's request for waiver of $2,261.01,)Tj
0 -1.375 TD
(resulting from the)Tj
/Span<>> BDC
( )Tj
EMC
7.415 0 Td
(erroneous payment of active duty mid-month pay after retirement.)Tj
0 0 0.933 rg
9.75 0 0 9.75 422.5352 420.75 Tm
(\(1\))Tj
ET
0 0 0.933 RG
0.75 w
q 1 0 0 1 422.5352 420 cm
0 0 m
11.369 0 l
h
S
Q
BT
0 g
/TT1 1 Tf
12 0 0 12 274.1992 390.75 Tm
(Background)Tj
/TT0 1 Tf
-21.517 -2.125 Td
(The record shows that the member retired from the Navy on January 31, 19\
98, and he received a final payment of pay)Tj
0 -1.125 TD
(and allowances as of the end of January 1998. The member states that on \
February 12, 1998, DFAS deposited $2,261.01)Tj
T*
(to the member's credit union account for active duty pay and allowances.\
In this appeal, the member produced a copy of)Tj
T*
(a March 9, 1998, letter he sent to DFAS in which he questioned this paym\
ent. The member correctly points out that)Tj
T*
(after payment of his final active duty pay and allowances, he did not ex\
pect any additional DFAS deposits to his account)Tj
T*
(until receipt of his first retired pay deposit. On February 27, 1998, th\
e member states that he did receive a deposit from)Tj
T*
(DFAS which was consistent with the amount he expected to receive for ret\
ired pay.)Tj
/Span<>> BDC
( )Tj
EMC
33.685 0 Td
(After numerous unsuccessful)Tj
-33.685 -1.125 Td
(attempts to obtain a response to the March 9, 1998, letter, the member's\
spouse finally reached an official)Tj
/Span<>> BDC
( )Tj
EMC
42.361 0 Td
(at DFAS by)Tj
-42.361 -1.125 Td
(telephone who advised her that the payment was correct. The member was a\
dvised at a later date that the payment was)Tj
T*
(erroneous.)Tj
/TT1 1 Tf
21.906 -2.125 Td
(Discussion)Tj
/TT0 1 Tf
-21.906 -2.125 Td
(For purposes of this appeal, we will assume that the member suspected an\
error and tried to verify his entitlement, as he)Tj
T*
(explains.)Tj
0 -2.125 TD
(Under 10 U.S.C. \247 2774, DOHA has the authority to waive collection of\
erroneous overpayments of pay or allowances)Tj
0 -1.125 TD
(to service)Tj
/Span<>> BDC
( )Tj
EMC
4.109 0 Td
(members if collection would be against equity and good conscience and no\
t in the best interest of the United)Tj
-4.109 -1.125 Td
(States and if there is no)Tj
/Span<>> BDC
( )Tj
EMC
9.609 0 Td
(indication of fraud, fault, misrepresentation, or lack of good faith. )Tj
/TT2 1 Tf
26.547 0 Td
(See)Tj
/TT0 1 Tf
( Standards for Waiver, 4)Tj
-36.156 -1.125 Td
(C.F.R. \247 91.5\(b\) \(1996\). The standard we)Tj
/Span<>> BDC
( )Tj
EMC
(employ to determine fault is whether a reasonably prudent person knew or\
)Tj
T*
(should have known that he was receiving payments in excess)Tj
/Span<>> BDC
( )Tj
EMC
24.716 0 Td
(of his entitlements. Our decisions indicate that waiver is)Tj
-24.716 -1.125 Td
(not appropriate when the member is aware that he is being overpaid. )Tj
/TT2 1 Tf
27.629 0 Td
(See)Tj
/Span<>> BDC
( )Tj
EMC
/TT0 1 Tf
(DOHA Claims Case No. 98040118 \(July 6,)Tj
-27.629 -1.125 Td
(1998\); and )Tj
/TT2 1 Tf
(Philip W. McNany)Tj
/TT0 1 Tf
11.97 0 Td
(, B-198770, Nov. 13, 1980.)Tj
-11.97 -2.125 Td
(In this case, the member admittedly suspected an error. His spouse obtai\
ned a verbal assurance of the propriety of the)Tj
ET
EMC
endstream
endobj
23 0 obj
<>
endobj
24 0 obj
(B0xg_6݉)
endobj
25 0 obj
<>
endobj
26 0 obj
<>
endobj
27 0 obj
<>
endobj
33 0 obj
<>
endobj
34 0 obj
<>stream
H\n0y
CZ !M8Cc{ i(o?;:iƱUѻu3t55UL)zh(Yv*
>9~Փ/Vћ7{{Wլ!jnvvֽB6!?/S|.aΉ0̕p,y3ΛKޜ'+Ri"裾yO-cuO
0 |
endstream
endobj
35 0 obj
<>stream
H|XTs.ņbc%ػh1FĘ ZPb{/ˮucj\,}s9s̀ C<!Qexh}qfu|=C@nCNGh[ё1hW?Z.U2v`tLE>-h7"F
ę &|plH>1I
; CF{?d쪊[5iT sJUA5u{NCAaE(FP9wQ;&S5z)Zx >|K+[|&lAU\jרYv7hبq>iޢem~Ͽhˎ!_oww?u
GnQݣ{;O~