Small DOHA Seal

2002 Military Personnel Redacted Decisions

 

      These 18 redacted Board decisions involve claims related to uniformed service members' pay, allowances, travel, transportation, retired pay, and survivor benefits. The uniformed service member may be a member of a Service within DoD, like the Army, or one outside of DoD like the Public Health Service. This group of decisions also includes waiver applications which result from the erroneous overpayment of these pay, allowances or other benefits to, or on behalf of, a service member.

Other years: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

General; waiver; retired pay

12/20/2002

Under 38 U.S.C. § 5305, a retired member of the Uniformed Services must waive receipt of his retired pay in an amount equal to any compensation he is otherwise eligible to receive from the Secretary of Veterans Affairs as a condition precedent to receipt of Veterans compensation. The possibility that Congress may amend the law sometime in the future to allow concurrent receipt of both entitlements does not justify waiver of a debt incurred by the member when administrative officials failed to reduce his retired pay to reflect an increase in the member's Veterans compensation as required under current law.


General; waiver of indebtedness; SBP

12/19/2002

Because a member elected Survivor Benefit Plan (SBP) coverage for his spouse when he retired, she became his SBP beneficiary and remained so until her death. The member notified the Service of his remarriage, but because he did not decline SBP coverage for his new spouse, she became his SBP beneficiary one year after their marriage. SBP premiums should have been deducted from his retired pay beginning one year after the marriage, but they were not. If the member had died during the four years when premiums were not being deducted, his wife would have become eligible for an SBP annuity. Since the member received the benefit of SBP coverage for those four years, waiver of the unpaid premiums is not appropriate.


General; waiver of indebtedness; BAH

12/6/2002

A service member was paid Basic Allowance for Housing for eight months while he occupied government quarters. He received Leave and Earnings Statements which indicated the error, but did not review those statements to verify their accuracy and call the error to the attention of the proper authorities. Therefore, the member is partially at fault for the accrual of the debt, and waiver is precluded.


General; waiver of indebtedness

12/02/2002

When a member suspects that he is receiving overpayments, he does not acquire title to the excess amounts and has a duty to hold them until the validity of the payments is established. If the payments are determined to be erroneous, he has a duty to return them. In such a situation, waiver under 10 U.S.C. § 2774 is not appropriate.


General; waiver of indebtedness; not considered for waiver

11/18/2002

When the government contracts with a moving company to move a service member's household goods, it is standard business practice for the government to pay all costs and then bill the member for any excess weight charges. Because no erroneous payment is made in that situation, the member's resulting debt cannot be considered for waiver.


General; waiver of indebtedness

9/30/2002

1. A service member cannot reasonably expect to receive basic allowance for housing at the with-dependent rate (BAH-D) and family separation housing (FSH) for the period of time he was single between his divorce and subsequent remarriage. 2. When a service member receives a large, unexplained payment and promptly contacts his finance office to question the payment, he has a duty to retain the funds for eventual repayment to the government, absent official notice that the payment is correct.


General; circuitous travel

07/31/2002

A member performing circuitous travel pursuant to a permanent change of station purchased the tickets from a foreign-flag carrier in violation of the "Fly America" Act, 49 U.S.C. §§ 40117-40118. Reimbursement of the member is not proper under the Fly America Act unless he can provide the appropriate documentation required under paragraph U3125-C of volume 1 of the Joint Federal Travel Regulations to show the non-availability of a flight on an American carrier.


General; waiver of indebtedness

7/31/2002

When a member is aware that she has received a payment that she is not entitled to, she does not acquire title to the excess amounts, and has a duty to hold the money for eventual repayment. If she does not do so, she is not without fault, and waiver cannot be granted.


General; waiver of indebtedness; insurance

07/23/2002

An employee was overpaid when insufficient amounts were deducted from his pay for Federal Employees' Group Life Insurance. He was provided information which, if reviewed carefully, would have alerted him to the continuing overpayments. Also, the amount of the deduction which was being made was so small for the amount of coverage which he had elected that he should have questioned the amount of the deduction. He is therefore partially at fault in the continued accrual of the resulting debt.


General; waiver of indebtedness

07/18/2002

When a member is aware that she has received a payment that she is not entitled to, she does not acquire title to the excess amounts, and has a duty to hold the money for eventual repayment. If she does not do so, she is not without fault, and waiver cannot be granted.


General; Waiver of indebtedness

06/18/2002

Waiver is not appropriate when a member receives pay and allowances, including the erroneous distribution of voluntary allotments in his behalf, after he begins a three-year sentence for the conviction of a felony.


General; waiver of indebtedness

06/06/2002

A member's child support garnishments continued to be paid for four months after the member had been discharged. During that time, the support order was revised and made to apply retroactively. Because the member received a benefit from the funds erroneously paid on his behalf, he should be held responsible for repayment. The government's administrative error, by itself, does not entitle the member to waiver.


General; waiver of indebtedness

06/05/2002

A former service member's application for waiver of an erroneous overpayment of pay and allowances is denied when the member separated on August 1st but received a payment in the approximate amount of his normal mid-month payment on August 15th. The member states that he believed that the mid-month payment was for travel, and he demonstrated a reasonable basis for expecting an additional $1,931.50 for travel which was paid on September 20th. However, the difference between the travel claim and the erroneous additional mid-month payment ($2,141.72), plus the timing of the mid-month payment, should have alerted the member to verify that the erroneous payment was for his travel. The member's subsequent failure to question the second payment is also indicative of his partial fault in this matter.


General; waiver of indebtedness

05/23/2002

When an employee is aware or should be aware that he is receiving payments in excess of his entitlements, he does not acquire title to the excess amounts and has a duty to hold them for eventual repayment.


General; waiver of indebtedness

05/14/2002

Waiver of a debt that arose from the erroneous payment of Overseas Housing Allowance (OHA) at the single rate is improper when the member was specifically advised at the time that his dependents returned home that OHA could not be paid if the member also received basic allowance for quarters and variable housing allowance for his dependents, and when the member's leave and earnings statements clearly showed that OHA and the other entitlements were being paid to him at the same time.


General; waiver of indebtedness

04/26/2002

A retired military officer failed to notify the Defense Finance and Accounting Service (DFAS) when he accepted a position with the federal government. Because he had a duty to notify DFAS, he is considered to be at fault for the overpayment which resulted when his military retired pay was not reduced under the former 5 U.S.C. § 5532. Waiver under 10 U.S.C. § 2774 is therefore precluded.


General; waiver of indebtedness

03/22/2002


1. A service member cannot reasonably expect to continue to receive Basic Allowance for Housing when he moves from family quarters where he paid rent to a landlord to one where he is not paying such rent because the government directly leases such quarters and provides the quarters to him at no charge. 2. A service member cannot reasonably expect to continue to receive a family separation allowance when he is no longer separated from his family.


General; waiver of indebtedness; Dual Compensation

03/14/2002

A retired service member was placed into a civilian position with the federal government, through a decision of the Merit Systems Protection Board (MSPB), and his military retired pay became subject to the Dual Compensation statute. Because the first two salary amounts the member received were paid retroactively, his military retired pay was not reduced as was required under 5 U.S.C.§ 5532. Waiver is not appropriate because the member was aware of the Dual Compensation statute and should have questioned his entitlement to unreduced military retired pay.


« Return to DOHA Home Page
Other years: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Last updated 25 Oct 2014