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2003 Military Personnel Redacted Decisions

 

      These 23 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 of indebtedness

12/18/2003

A member retired from the Air Force effective August 2002 and ceased to earn active duty pay and allowances as of that date. For the next four months, the Defense Finance and Accounting Service continued to send income tax withholding amounts to the Internal Revenue Service (IRS) on the member's behalf as if he were still earning active duty pay and allowances. Because the member was no longer earning active duty pay and allowances, the amounts sent to the IRS are not erroneous payments of pay and allowances and therefore cannot be considered for waiver.


General; waiver of indebtedness

12/3/2003

A former member received military pay and allowances while in a non-pay status in civilian confinement. When he learned that the payments had been deposited in his bank account, he was initially told that he was entitled to the money. Because he was in a non-pay status and not performing any military duties, he should have further questioned his entitlement to the payments. Under those circumstances, he did not acquire title to the money and should have held it until he received a definitive explanation of his entitlement to it.


General; waiver of indebtedness

10/28/2003

When a service member 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

10/28/2003

An officer received bonuses for medical pay, incentive pay, and additional special pay for which he agreed to remain on active duty for one year. He retired less than a year later and therefore became indebted for a portion of those payments. He erroneously received a final separation payment which should have been set off against his debt. Waiver in the amount of the final separation payment is proper, but the balance of the debt cannot be considered for waiver because the payments which gave rise to the debt were correct when made.


General; waiver of indebtedness

10/21/2003

An Air Force member's paydate was incorrectly established, giving her credit for twelve years of service when she entered active duty. While Leave and Earnings Statements were not being sent to her, she had access to her pay records after she changed her personal identification number (PIN) to allow such access. Waiver is denied for the period after she changed the PIN number because the incorrect entry for years of service was indicated on her pay records. She had a responsibility to verify the accuracy of the information and to bring the incorrect paydate to the attention of finance personnel.


General; waiver of indebtedness

10/20/2003

Waiver is not an appropriate remedy to relieve a former service member of liability for erroneous payments of federal income tax withholding when the member is no longer in a pay status.


General; waiver of indebtedness

9/30/2003

When a member is erroneously advised in writing by an appropriate official that he is entitled to receive per diem, waiver under 10 U.S.C. § 2774 is appropriate of amounts actually expended in reliance on that erroneous advice. In such cases, the burden is upon the member to provide documentary evidence to substantiate actual, appropriate expenditures made pursuant to the erroneous advice.


General; waiver of indebtedness

8/29/2003

A debt cannot be considered for waiver under 10 U.S.C. § 2774 unless the payment was erroneous when made.


General; waiver of indebtedness

7/31/2003

A reservist called to active duty received payments of per diem under erroneous orders. It was later determined that she was not entitled to per diem. The erroneous payments can be waived only to the extent the money was spent for its intended purpose. The burden is on the member to provide documentation as to the expenditure of the money.


General; waiver of indebtedness

7/18/2003

When a service member 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

6/17/2003

A member who was separated from his spouse erroneously received basic allowance for housing at the dependent rate (BAH-D). Waiver under 10 U.S.C. § 2774 is appropriate only for amounts actually expended for support.


General; waiver of indebtedness

5/15/2003

1. Due to administrative error a member continued to receive basic allowance for housing (BAH) after he moved into government quarters. Considering his rank and years of service, he should have known he was not entitled to BAH while he occupied government quarters. Therefore, waiver under 10 U.S.C. § 2774 is not appropriate.
2. Where a member has applied for disability compensation from the Department of Veterans Affairs (VA) and its approval would result in an adjustment which would eliminate all or part of an overpayment resulting from the under-deduction of taxes on his disability severance payment, DOHA will take no action relating to the waiver of that debt, pending a final action on the member's application by the VA. If the application is disapproved, the member can submit a new request for waiver of the debt.
3. Advance payments received by the member while on active duty were not erroneous when made and therefore not subject to waiver under 10 U.S.C. § 2774.


General; waiver of indebtedness

5/7/2003

A retired member erroneously received active-duty pay in the month after he retired and allotments were erroneously paid on his behalf for the same month. Waiver is not appropriate because the member should have been aware that he was receiving payments to which he was not entitled. The fact that his payments were direct-deposited into bank accounts does not relieve the member of monitoring his statements and questioning any unexpected deposits.


General; waiver of indebtedness

4/21/2003

A member received two payments of active-duty pay after retirement. Recognizing that the first payment was erroneous, he contacted the proper authorities and set the payment aside for eventual repayment. The member acted properly, and waiver is not appropriate because the member was aware that he was not entitled to the payment. When the second payment arrived, the Defense Finance and Accounting Service initially told the member that he was entitled to it. Unless the member could articulate a reason why he was entitled to the second amount, waiver is not appropriate.


General; waiver of indebtedness

4/15/2003

Where a member erroneously receives a travel advance for a temporary additional duty assignment which is actually in the same local area as his permanent duty station, he may obtain waiver under 10 U.S.C. § 2774 for amounts which he expends in detrimental reliance on the erroneous authorization, provided there is no indication of fraud, fault, misrepresentation, or lack of good faith on the part of the member. In such cases, the burden is upon the member to provide documentary evidence to substantiate actual, legitimate expenditures made pursuant to the erroneous authorization.


General; survivor benefit plan; SBP; annuity

3/26/2003

When a retired member of the Army Reserve died in November 1990, his wife became eligible to receive a Survivor Benefit Plan annuity. Because she did not submit an application for the annuity within six years of the member's death, her claim is barred.


General; waiver; basic allowance for housing; BAH

3/5/2003

While living in private quarters, a member properly received basic allowance for housing at the single rate (BAH-S) for his housing expenses and also basic allowance for housing differential (BAH-diff) because he paid child support for his dependent. Considering his rank and years of service, he should not have expected to receive BAH-S after he moved into government quarters. He was initially advised in writing that he was not entitled to BAH-S, but was later verbally advised that he was entitled to BAH-S. He then received BAH-S, but did not spend it on current housing expenses, because quarters were provided to him. In the absence of a clear and unambiguous written opinion allowing payment of the BAH-S, he cannot be said to have reasonably relied on the erroneous verbal advice and, furthermore, did not spend the BAH-S on its intended purpose. Therefore, waiver under 10 U.S.C. § 2774 is not appropriate.


General; waiver of indebtedness; 32 U.S.C. 716

2/14/2003

A former National Guard member received two duplicate payments of disability severance pay by direct deposit to her bank account. Waiver under 32 U.S.C. § 716 is precluded since the former member is partially at fault for receiving payments in excess of her entitlement without bringing the matter to the attention of the proper authorities. Because a reasonable person would verify her bank balance, stated lack of knowledge of the deposit does not provide a basis for waiver.


General; waiver of indebtedness

2/8/2003

A former member received active duty mid-month pay the month after he was separated. Waiver of the overpayment is not appropriate because he knew or should have known that he was receiving pay in excess of his entitlement, and therefore had the responsibility to bring the payment to the attention of the appropriate officials, and to persist in questioning them until he received a thorough explanation of the payment.


General; waiver of indebtedness; basic allowance for housing;

2/3/2003

Upon moving into government quarters a member was informed that his basic allowance for housing (BAH) would be stopped. When his subsequent leave and earnings statements (LESs) showed that he was still receiving BAH at the dependent rate, he brought the matter to the attention of his financial services office (FSO) which erroneously advised him that he was still entitled to receive such payments. Considering his rank and years of service, he should not have expected to receive such payments after he moved into government quarters. Additionally, he did not spend the erroneous payments on current housing expenses, because quarters were provided to him. In the absence of a clear and unambiguous written opinion allowing such payments, he cannot be said to have reasonably relied on the erroneous advice and furthermore did not spend the amount received on its intended purpose. Therefore, waiver under 10 U.S.C. § 2774 is not appropriate.


General; waiver of indebtedness; basic allowance for housing;

1/13/2003

While living in private quarters, a member properly received basic allowance for housing at the single rate (BAH-S) for his housing expenses and also at the differential rate (BAH-diff) because he paid child support for his dependent. Considering his rank and years of service, he should not have expected to receive BAH-S after he moved into government quarters. He was initially told that he was not entitled to BAH-S, but continued to seek additional opinions on his entitlement to BAH-S until he received an erroneous favorable opinion. He then received BAH-S but did not spend it on current housing expenses, because quarters were provided to him. In the absence of a clear and unambiguous written opinion allowing payment of the BAH-S, he cannot be said to have reasonably relied on the erroneous favorable opinion and furthermore did not spend the BAH-S on its intended purpose. Therefore, waiver under 10 U.S.C. § 2774 is not appropriate.


General; waiver of indebtedness

1/8/2003

A member received a payment before discharge, and then received a duplicate payment after discharge. When a member receives a payment to which he knows or should know that he is not entitled, he has a responsibility to bring the payment to the attention of the appropriate officials. If he does not do so, he is not without fault, and waiver cannot be granted.


General; waiver of indebtedness

1/2/2003

A service member cannot reasonably expect to receive per diem payments for the period of time he was in confinement because his meals and lodging were provided by the government during that period. When such a payment is determined to be erroneous, he has a duty to return it. In such a situation, waiver under 10 U.S.C. § 2774 is not appropriate.


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Last updated 30 Aug 2014