12/20/2011

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.

11/30/2011

Under 10 U.S.C. § 2774, the Defense Office of Hearings and Appeals (DOHA) has the authority to waive a claim for erroneous payment of pay and allowances to a member or former member of the Uniformed Services if payment would be against equity and good conscience and not in the best interest of the United States, provided there is no evidence of fraud, fault, misrepresentation, or lack of good faith on the part of the member or former member.

10/28/2011

Wavier under 10 U.S.C. § 2774 is not appropriate when a member is aware or should be aware that his pay is being calculated incorrectly.

10/27/2011

A debt that arises due to the repayment of an advance housing allowance payment for a security deposit cannot be considered for waiver under 10 U.S.C. § 2774 if the advance payment was proper when made. The fact that a debt resulted merely because of a decline in exchange rates between the dollar and the local currency does not make the advance erroneous if it was not otherwise erroneous when paid.

9/30/2011

Under the provisions of the Department of Defense Instruction 1340.21, 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. No request for reconsideration may be accepted after this time has expired.

4/12/2011

The former spouse of a member is entitled to waiver of the remaining balance of her indebtedness for the erroneous payment of a portion of the member’s retired pay she directly received under the Uniformed Services Former Spouses’ Protection Act (USFSPA).

2/3/2011

Under 10 U.S.C. § 2774, we have the authority to waive collection of overpayments of pay and allowances to a member of the uniformed services, when collection would be against equity and good conscience and not in the best interest of the United States, provided there is no indication of fraud, fault, misrepresentation, or lack of good faith on the part of the member, or any other person having an interest in obtaining the waiver.

1/11/2011

Title 10, United States Code (U.S.C.), § 2774 provides authority for waiving claims for erroneous payments of pay and allowances made to or on behalf of former members of the uniformed services, if collection of the claim would be against equity and good conscience and not in the best interest of the United States. This authority may not be exercised without the existence of a debt.

9/08/2011

The unearned portion of a Selective Reenlistment Bonus may not be considered for waiver under 10 U.S.C. § 2774 because payment was proper when made.

8/22/2011

Due to administrative error, a member’s retired pay was not reduced by the amount of the compensation he was receiving from the Department of Veterans Affairs (VA). When the member applied for VA compensation, he was considered to be on notice that when he became entitled to retired pay it would be reduced by the amount of his VA disability compensation. Under such circumstances, the member knew or should have known that he was not entitled to the full amount of his retired pay.

8/17/2011

When a member knows or reasonably should know that she is being overpaid, she has a duty to set aside the erroneously paid funds for repayment, even if the government fails to act after notification. The government has the right to recover such payments notwithstanding the dilatory recovery efforts of its agents.

8/17/2011

When a member knows or reasonably should know that she is being overpaid, she has a duty to set aside the erroneously paid funds for repayment, even if the government fails to act after notification. The government has the right to recover such payments notwithstanding the dilatory recovery efforts of its agents.

5/19/2011

Under the provisions of the Department of Defense Instruction 1340.21, 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. No request for reconsideration may be accepted after this time has expired.

2/08/2011

Section 2774 of title 10, United States Code, provides authority for waiving claims for erroneous payments of pay and certain 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 United States, provided that there is no indication of fraud, fault, misrepresentation, or lack of good faith on the part of the member or any other persons having an interest in obtaining the waiver.