Appendix C to Part 284 - Submitting a Waiver Application
32:2.1.1.1.61.0.1.6.36 : Appendix C
Appendix C to Part 284 - Submitting a Waiver Application A. Who May
Apply for Waiver
Any person (“applicant”) from whom collection is sought for a
debt resulting from erroneous payments of pay or allowances
(including travel and transportation allowances) may submit a
waiver application under 10 U.S.C. 2774, 32 U.S.C. 716, and 5
U.S.C. 5584. Additionally, an authorized official of the Component
concerned, or the Director, DOHA or designee may initiate a waiver
application during the processing of a claim under 32 CFR part
281.
B. Where To Submit A Waiver Application
An applicant must submit a waiver application to the Component
concerned according to the guidance provided by that Component. A
waiver application submitted somewhere other than to the Component
concerned does not stop the calculation of the time limit as
discussed in paragraph F to this Appendix. It is the applicant's
responsibility to submit the waiver application properly.
C. Format of a Waiver Application
An applicant must submit a waiver application in the format
prescribed by the Component concerned. It must be written and
signed by the applicant (in the case of an application on behalf of
a minor or incompetent person, there are additional requirements
explained at paragraph E to this Appendix) or by the applicant's
authorized agent or attorney (there are additional requirements
explained at paragraph D to this Appendix). In addition, the waiver
application should include:
1. The applicant's mailing address.
2. The applicant's telephone number.
3. The applicant's social security number when required by the
Component concerned.
4. The amount for which waiver is requested.
5. An explanation why a waiver should be granted under the
standards explained at Appendix B to this part.
6. Copies of documents referred to in the application.
7. Statements (that are attested to be true and correct to the
best of the individual's knowledge and belief) of the applicant or
other persons in support of the application.
D. Waiver Application Submitted by Agent or Attorney
In addition to the requirements in paragraph C to this Appendix,
a waiver application submitted by the applicant's agent or attorney
must include or have attached a duly executed power of attorney or
other documentary evidence of the agent's or attorney's right to
act for the applicant.
E. Waiver Application Submitted on Behalf of a Minor or Incompetent
Person
In addition to the requirements in paragraph C to this
Appendix:
1. If a guardian or committee has not been appointed, a waiver
application submitted on behalf of a minor or incompetent person
must:
i. State the applicant's relationship to the minor or
incompetent person.
ii. Provide the name and address of the person having care and
custody of the minor or incompetent person.
iii. Include an affirmation that any moneys received shall be
applied to the use and benefit of the minor or incompetent person,
and that the appointment of a guardian or committee is not
contemplated.
2. If a guardian or committee has been appointed, a waiver
application on behalf of a minor or incompetent person must include
or have attached a certificate of the court showing the appointment
and qualification of the guardian or committee.
F. When To Submit a Waiver Application
An applicant must submit a waiver application so that it is
received by the Component concerned within three years after the
erroneous payment is discovered. The date of discovery is the date
it is definitely determined by an appropriate official that an
erroneous payment has been made. The time limit is set by 10 U.S.C.
2774, 32 U.S.C. 716, and 5 U.S.C. 5584, whichever applies. It may
not be extended or waived. Although the issue of timeliness is
usually raised on initial submission (as explained in paragraph B
to Appendix D in this part), the issue may be raised at any point
during the waiver application consideration process.