Small DOHA Seal

2009 Military Personnel Redacted Decisions

 

      These 25 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 2015 2016

waiver of indebtedness

12/09/2009

A member who was deployed overseas received basic allowance for housing (BAH) at the single rate for the period January 24, 2007, through February 20, 2008. During the in-processing for his deployment, the member was advised by his finance office that he was entitled to receive BAH at the single rate. It was later determined that he was not entitled to receive BAH at the single rate and that he was overpaid in the amount of $12,576.59. The member was notified in writing by his finance office of the debt on or about December 5, 2007. Waiver was granted for the overpayments he received through August 15, 2007, but denied for the overpayments he received after that date through February 20, 2008, in the amount of $5,656.58. Waiver is granted for an additional $3,516.80 since the record supports the position that the member was unaware he was being overpaid through November 30, 2007.


waiver of indebtedness

12/09/2009

A member who was deployed overseas received basic allowance for housing (BAH) at the single rate for the period January 24, 2007, through February 20, 2008. During the in-processing for his deployment, the member was advised by his finance office that he was entitled to receive BAH at the single rate. It was later determined that he was not entitled to receive BAH at the single rate and that he was overpaid in the amount of $12,576.59. The member was notified in writing by his finance office of the debt on or about December 5, 2007. Waiver was granted for the overpayments he received through August 15, 2007, but denied for the overpayments he received after that date through February 20, 2008, in the amount of $5,656.58. Waiver is granted for an additional $3,516.80 since the record supports the position that the member was unaware he was being overpaid through November 30, 2007.


waiver of indebtedness

12/09/2009

A request for reconsideration of an appeal decision under Department of Defense Instruction 1340.23 must be received at the Defense Office of Hearings and Appeals no later than 30 days after the date of the appeal decision. While this time may be extended up to an additional 30 days for good cause, in no event may the time for receipt be extended beyond the additional 30 days. This Board may not consider any request for reconsideration received after these deadlines.


waiver of indebtedness

12/09/2009

A request for reconsideration of an appeal decision under Department of Defense Instruction 1340.23 must be received at the Defense Office of Hearings and Appeals no later than 30 days after the date of the appeal decision. While this time may be extended up to an additional 30 days for good cause, in no event may the time for receipt be extended beyond the additional 30 days. This Board may not consider any request for reconsideration received after these deadlines.


waiver of indebtedness

10/29/2009

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


waiver of indebtedness

10/16/2009

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


waiver of indebtedness

10/01/2009

A member has a duty to verify 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 32 U.S.C.  716.


waiver of indebtedness

9/30/2009

Under 10 U.S.C.  2774, waiver is not proper when a member is aware or should be aware that he is being overpaid. The burden is on the member seeking waiver to show that there was no reasonable basis for him to know or suspect that the erroneous payments were being made.


waiver of indebtedness; FSGLI

9/30/2009

A servicemember did not decline coverage in the Family Servicemember's Group Life Insurance (FSGLI). It is not against equity and good conscience to deny waiver of the total amount of the premiums because the member had the benefit of the coverage under FSGLI.


claim of payment of death gratuity under 10 U.S.C.  1475-1480

9/24/2009

At the time of a service member's death, the member's effective DD Form 93(E), Record of Emergency Data, indicated that for purposes of payment of a death gratuity under 10 U.S.C. 1475-1480, his mother was the designated beneficiary in the absence of a spouse or child. Upon his death, the member had a spouse, who was statutorily higher in precedence for payment of the death gratuity than the member's mother, and the member failed to designate the mother as an optional beneficiary in accordance with the procedures specified in 10 U.S.C.  1477. Therefore, the claim of the member's mother for the proceeds of the death gratuity cannot prevail over the claim of the spouse.


waiver of indebtedness; Selective Reenlistment Bonus

9/21/2009

The unearned portion of a Selective Reenlistment Bonus may not be considered for waiver under 32 U.S.C.  716 because payment was proper when made.


waiver of indebtedness; VA disability compensation; retired pay

9/02/2009

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


waiver of indebtedness; timeliness of request for reconsideration

6/24/2009

Under Department of Defense Instruction 1340.23,  E8.12, the Defense Office of Hearings and Appeals (DOHA) must receive a request for reconsideration of an appeal decision involving a debt waiver request 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. No request for reconsideration may be accepted after this time has expired.


waiver of indebtedness

5/21/2009

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 that there is no evidence of fraud, fault, misrepresentation, or lack of good faith on the part of the member or former member.


waiver of indebtedness

5/19/2009

Under 10 U.S.C. 2774, waiver is not proper when a member is aware or should be aware that he is being overpaid. Under the waiver statute, the burden is on the individual seeking waiver to show that there was no reasonable basis for him to know or suspect that erroneous payments were being made. Where the information provided fails to establish an adequate basis upon which such a determination may be made, waiver may not be granted.


waiver of indebtedness

5/15/2009

When a member knows that he is being overpaid, he has a duty to set aside the erroneously paid funds for repayment, even if the government fails to act after notification. Financial hardship is not an appropriate basis for waiver relief under 10 U.S.C.  2774.


waiver of indebtedness

5/01/2009

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


member travel claim

5/01/2009

The child of a member stationed in the United States died while attending college in another state. The member's unit improperly issued orders to the member to cover the expenses of the member and his spouse to travel to the site where the dependent died to make arrangements for the disposition of the remains of the dependent. For a member in this situation, no statutory or regulatory authority exists to pay for such travel. The member's claim must be denied because the government is not liable for the erroneous actions of its officers, agents, or employees.


travel claim; Fly America Act

4/02/2009

A member performing circuitous travel pursuant to a permanent change of station purchased tickets from a foreign flag carrier in violation of the Fly America Act, 49 U.S.C. 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. Lack of awareness of the law does not justify failure to comply with it.


member travel claim; rental of yacht

3/30/2009

Under Department of Defense Instruction 1340.21 (May 12, 2004), the claimant must prove, by clear and convincing evidence, on the written record that the United States is liable to the claimant for the amount claimed.


waiver of indebtedness; tax withholding

3/26/2009

Under 10 U.S.C.  2774, waiver is not proper when a member is aware or should be aware that he was being overpaid. Partial waiver of the debt is not an appropriate remedy to reimburse a member where the member is no longer able to recover tax withholding from the taxing authority on amounts erroneously overpaid even though he is liable for the gross amount of the overpayment (including withholding taxes paid).


waiver of indebtedness; timeliness; VA disability compensation; retired pay

3/24/2009

1. Due to an administrative error, a member's retired pay was not reduced by the amount of compensation he was receiving from the Department of Veterans Affairs (VA). The member was receiving disability compensation from the VA, and admits he was informed that the disability compensation would offset his retired pay. Under these circumstances, the member knew or should have known that he was not entitled to the full amount of his retired pay. 2. Under Department of Defense Instruction 1340.21,  E7.13, DOHA must receive a request for reconsideration within 30 days of the appeal decision. The DOHA may extend this period for up to an additional 30 days for good cause shown.


waiver of indebtedness; Component concerned not right to request reconsideration

3/20/2009

Under Department of Defense Instruction 1340.23,  E8.11, the Component concerned does not have a right to request reconsideration of an appeal decision. In exceptional circumstances, the Defense Office of Hearings and Appeals (DOHA) may exercise its inherent authority and modify or reverse a debt waiver that it has granted, or remand it to the Component concerned for further development, to assure compliance with the waiver statute (e.g., 10 U.S.C.  2774).


waiver of indebtedness; Aviation Continuation Pay (ACP)

2/26/2009

A member who had an Aviator Continuation Pay (ACP) agreement to serve through July 2012, but who decided in June or July 2006 to retire in April 2007, received an annual installment of ACP in November 2006. The member should have known that he was not entitled to the full amount of the annual installment payment since he was retiring in the next five months. When a member is aware or should be aware that he has received an overpayment, he does not acquire title to the excess payments, and he has a duty to hold the money for eventual repayment. Under these circumstances, waiver is not proper under 10 U.S.C.  2774.


claim; former member of the Philippine Scouts

2/17/2009

Under Department of Defense Instruction 1340.21,  E7.13, DOHA must receive a request for reconsideration within 30 days of the appeal decision.


« 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 2015 2016
Last updated 14 May 2016