12/20/2006

When a member is aware or should be aware that he has received an overpayment, he does not acquire title to the excess amounts, and he has a duty to hold the money for eventual repayment. In such circumstances waiver is not proper under 10 U.S.C. § 2774.

12/19/2006

Financial hardship is not a factor for consideration in determining whether a waiver is appropriate under 10 U.S.C. § 2774.

12/13/2006

Waiver of an overpayment of Basic Allowance for Housing at the dependent rate is appropriate only to the extent that the allowance was spent for its intended purpose.

11/27/2006

A member was receiving basic allowance for housing at the dependent rate (BAH-D) on behalf of his mother. An overpayment arose when his mother's dependency status was retroactively terminated because the amount of the member's dependency allotment to her was insufficient. Waiver of the resulting debt is appropriate only to the extent that the allowance was spent for its intended purpose.

11/24/2006

A member of the uniformed services is required to review his leave and earnings statement and generally to be aware of his proper leave balance.

11/16/2006

When a 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.

11/15/2006

A member has a duty to verify the information on his Leave and Earnings Statements and bring any errors to the prompt attention of the proper authorities. When a member fails to do so and an error that could have been identified results in overpayment, waiver is not appropriate under applicable waiver statutes like 10 U.S.C. § 2774 or 32 U.S.C. § 716.

11/14/2006

In the absence of clear error, amendments to regulations cannot be applied retroactively. An administrative delay in revising an allowance rate does not qualify as such an error.

10/04/2006

Retired Navy member's request for waiver of a claim against him for excess leave he took while in the service is denied since he either knew or should have known at the time he was taking leave he had not earned.

7/31/2006

When a 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.

7/17/2006

A member erroneously received active duty pay for periods in 2001 when he was in an absent without leave status. The Defense Finance and Accounting Service discovered the error in September 2001, and the member became aware of the debt shortly after his discharge that month. The member did not file his request for waiver until March 2006. Since the member did not file his request within three years after discovery of the error by appropriate officials, his claim may not be considered for waiver under the provisions of 10 U.S.C. § 2774(b)(2).

6/19/2006

When facts are in dispute in a claim, because the administrative office is in a better position to consider and evaluate them, we accept the statement of facts furnished by the administrative office, in the absence of clear and convincing contrary evidence offered by the member or other claimant.

6/6/2006

When a member is aware or should be aware that he has received an overpayment, he is not entitled to the excess amounts, and has a duty to hold the money for eventual repayment.

03/13/2006

In a conflict between enforcement of a state divorce decree and a federal military entitlement outside of military retired pay, federal law pre-empts state law.