10/27/2010

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.

9/09/2010

Under DoD Instruction 1340.23, ¶ E8.12 (February 14, 2006), the DOHA must receive a request for reconsideration within 30 days of the date of the appeal decision. The DOHA may extend this period for up to an additional 30 days for good cause shown, but no request for reconsideration may be accepted after this time has expired. A request for reconsideration must be sent to the DOHA at the address in ¶E8.5 of the Instruction.

7/29/2010

The Government is not be bound by the erroneous acts of its agents, even when committed in the performance of their official duties. Neither misrepresentation by a transportation officer nor misinformation provided by military officials provides a legal basis for reimbursement of additional travel costs.

7/07/2010

1. The Secretary Concerned may authorize a contingency operation flat rate per diem allowance for a member assigned TDY (Temporary Duty) to a contingency operation for more than 180 consecutive days at one location. See 1 JFTR (Joint Federal Travel Regulations) U4105-I4. When a flat rate per diem rate is set (currently at 55% unless otherwise designated), lodging receipts are not required. 2. The Army's Lodging Success Program does not meet the JFTR definition of Government quarters.

6/30/2010

The burden of proving the existence of a valid claim against the United States is on the person asserting the claim. The claim must also be filed within the time limit specified by law. Under the provisions of Department of Defense Instruction 1340.21, the Defense Office of Hearings and Appeals generally must receive a request for reconsideration of an appeal decision within 30 days of the date of issuance of the decision, and in no event later than 60 days.

6/15/2010

The Joint Federal Travel Regulations (JFTR) require a military member who arranges official travel to utilize a Commercial Travel Office/Travel Management Center (CTO/TMO). When a CTO/TMC is available, but not used by the member, reimbursement for the transportation is limited to the amount the government would have paid if the arrangements had been made through the CTO/TMC.

4/21/2010

Generally, volume 1 of the Joint Federal Travel Regulations  U4102-D provides that per diem is not payable at the old or new PDS for temporary duty en route in connection with PCS travel. This applies even if the member vacated the permanent quarters at the old PDS and lodged in temporary quarters during temporary duty.

4/20/2010

On reconsideration, this Board is not at liberty to set aside the interpretation of a provision in the Joint Federal Travel Regulations given to it by the officers or agency charged with its administration. That interpretation has controlling weight unless it is plainly erroneous or inconsistent with the language of the regulation.

3/31/2010

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.

3/31/2010

A member signed an agreement by which he was entitled to receive a lump sum payment of $6,000.00, in return for an obligation to serve one year of active duty. However, the member was erroneously paid $25,000.00. Although he immediately questioned the payment and was told he was entitled to receive $25,000.00 for three years, he reasonably should have known that the advice was erroneous considering he had conflicting documentation (the agreement he signed) stating that he was only entitled to $6,000.00. Under these circumstances, denial of the request for waiver of the resulting debt is appropriate.

3/31/2010

A member signed an agreement by which he was entitled to receive a lump sum payment of $6,000.00, in return for an obligation to serve one year of active duty. However, the member was erroneously paid $25,000.00. Although he immediately questioned the payment and was told he was entitled to receive $25,000.00 for three years, he reasonably should have known that the advice was erroneous considering he had conflicting documentation (the agreement he signed) stating that he was only entitled to $6,000.00. Under these circumstances, denial of the request for waiver of the resulting debt is appropriate.

3/30/2010

Due to an administrative error, a member of the United States Navy received Aviation Career Incentive Pay (ACIP) to which he was not entitled, causing him to be overpaid. He was unaware he was being overpaid until he was notified on December 19, 2008. Under 10 United States Code (U.S.C.) § 2774, the amounts he was paid before notification were waived. However, the amounts he received after notification may not be waived because he did not acquire title to the excess amounts and has a duty to return them to the government.

3/30/2010

Due to an administrative error, a member of the United States Navy received Aviation Career Incentive Pay (ACIP) to which he was not entitled, causing him to be overpaid. He was unaware he was being overpaid until he was notified on December 19, 2008. Under 10 United States Code (U.S.C.) § 2774, the amounts he was paid before notification were waived. However, the amounts he received after notification may not be waived because he did not acquire title to the excess amounts and has a duty to return them to the government.

2/25/2010

Under Department of Defense Instruction 1340.23, a request to reconsider a decision made by the Defense Office of Hearings and Appeals (DOHA) on a waiver application under 10 U.S.C.  2774 must be received by DOHA within 30 days of the decision (unless properly extended) and must be sent to the address specified in the Instruction. Moreover, the waiver authority provided by 10 U.S.C.  2774 applies only to claims arising out of erroneous payments and not to payments that were valid when made.

4/01/2010

Under 32 U.S.C. § 716, a member’s debt may be waived when the record shows that he is without fault, and there is no indication of fraud, misrepresentation, or lack of good faith on his part.

3/31/2010

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.

11/16/2010

According to the Joint Federal Travel Regulations (JFTR), Volume 1, Appendix A, household goods (HHG) do not include automobiles, trucks, vans, and similar motor vehicles.

9/29/2010

When a service member is aware or should be aware that she is receiving payments in excess of her entitlements, she does not acquire title to the excess amounts and has a duty to hold them for eventual repayment to the government.

9/21/2010

Under the provisions of the Department of Defense Instruction 1340.23, the Defense Office of Hearings and Appeals generally must receive a claimant’s request for reconsideration of an appeal decision within 30 days of the date of the appeal decision. Upon request, this period may be extended for an additional 30 days for good cause shown. In the absence of such a request, the decision becomes final 30 days after the date of the appeal decision.

9/01/2010

The Joint Federal Travel Regulations (JFTR), Volume 1, ¶ U7150 states that it applies to a Reserve Component member called (or ordered) to active duty for any reason with pay under an authorization/order that provides for return to home or PLEAD (place of entry on active duty). Travel and/or transportation allowances are not authorized for travel between the home/PLEAD and the place of active duty when: (1) both are in the corporate limits of the same city or town, (2) the member commutes daily between the home/PLEAD and the place of active duty, or (3) the AO[order authorizing or approving official]/Installation commander determines that both are within reasonable commuting distance of each other in accordance with ¶ U3500-B and that the nature of the duty involved permits commuting.

8/31/2010

The interpretation of a statute by the agency charged with its implementation, is entitled to deference and should be sustained if it is a reasonable interpretation.

8/30/2010

In the absence of a specific statutory grant, attorney fees, interest and similar ancillary expenses incurred by a claimant are not reimbursable as a part of an administrative claim cognizable under title 31, United States Code, Section 3702 (31 U.S.C. § 3702), whether incurred as part of the presentation, and proof of a claim, or separately.

8/12/2010

A midshipman in the Naval Reserve Officers Training Corps (NROTC) Scholarship Program who disenrolled from the program and failed to complete his subsequent military service obligation was required to reimburse the government for the cost of advanced educational assistance he received. The resulting debt cannot be considered for waiver under 10 U.S.C. § 2774, because the payments were proper when they were made.

8/12/2010

Section 2774 of title 10, United States Code, provides authority for waiving claims for erroneous payments of pay and allowances made to or on behalf of members or former members of the uniformed services, if collection of the claim would be against equity and good conscience and not in the best interests of the Unites States.

7/28/2010

Due to an administrative error a former member’s travel for expiration of term of service (ETS) was processed overpaying him temporary lodging allowance (TLA) for himself and his dependent child. This was an error since he was married to an active duty service member who also traveled for ETS and claimed the same dependent child for TLA purposes.