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B-197525 1 (1980-03-03)

handle is hein.gao/gaobadiax0001 and id is 1 raw text is: , THE COMPTROLLER GENERAL |ECISIN!. J OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-197525 DATE: March 3, 1980 MATTER OF: PHiC Patrick H. Dunivin, USN A member of the Navy was separated from A2L9 0 his wife when he transferred to Washington, D.C., and she remained in Puerto Rico. The wife obtained a divorce in Puerto Rico in February 1976 but the member did not have knowledge of the, divorce until February 1977. Basic Allowance for Quarters (BAQ) at the dependent rate was.not terminated until August 1977, resulting in overpayment. BAQ at dependent rate from February 1976 through February 1977 may be waived since member was not at fault due to lack of knowledge of divorce during that period. BAQ at dependent rate paid after Febru- ary 1977, to August 1977 may not be waived since the member was aware of the divorce and had an obligation to have the payments stopped or set aside for refund. The issue presented upon an appeal of a waiver denial by our Claims )ivision is whether a member of a uniformed service must be considered partially at fault for an over- payment of basic allowance for quarters (BAQ) at the with dependent rate where the member's wife upon whom the with dependent rate was based, obtained a divorce and, due to distance and lack of communication between the spouses, the member did not learn of the divorce until a year later. In the circumstances of this case the answer is no, and the debt is waived in part. The debt arose due to an erroneous payment of BAQ at the with dependent rate from February 1976 through August 1977 in the total amount of $3,448.04. The file indicates that Chief Petty Officer Patrick H. Dunivin, USN, had been receiving BAQ at the with dependent rate while he was stationed in Washington, D.C., but his wife was located in Puerto Rico. Although there had been a 4 DIGEST: