Appendix E to Part 284 - Processing a Waiver Application When the Debt Is More Than $1,500
32:2.1.1.1.61.0.1.6.38 : Appendix E
Appendix E to Part 284 - Processing a Waiver Application When the
Debt Is More Than $1,500 A. Initial Component Processing
Upon receipt of a waiver application, the Component concerned
must:
1. Date stamp the application on the date received.
2. Determine whether the application was received within three
years after the discovery of the erroneous payment. If the
application was not timely, follow the procedures in paragraph B in
this part.
3. Investigate the circumstances relating to the erroneous
payment.
4. Refer the waiver application to the appropriate determining
official (see paragraph C to this Appendix) who after
applying the standards in Appendix B in this part may either:
i. Deny the application in its entirety, if appropriate, and
follow the procedures in Appendix D to this part, or
ii. Refer the application with a recommendation that part or all
of the application be granted to the DOHA for consideration and an
initial determination under paragraph C to this Appendix. The
determining official must send the entire record and prepare and
submit a recommendation and administrative report (as explained in
paragraphs D and E to this Appendix) with the application.
B. Untimely Waiver Applications
When the Component concerned determines that a waiver
application was not received within three years after the erroneous
payment was discovered, the Component must send the applicant a
notice of untimely receipt.
1. The notice must:
i. Cite the applicable statute and explain the reasons for the
finding of untimely receipt.
ii. State that the application was not received within the
statutory time limit and may not be considered unless that finding
is reversed on appeal.
iii. Explain that the applicant may submit a rebuttal to the
finding of untimely receipt (as explained in paragraph B.2. to this
Appendix.).
iv. State that the statutory time limit may not be extended or
waived.
2. An applicant may submit a written rebuttal, signed by the
applicant or the applicant's agent or attorney, to a notice of
untimely receipt. The Component concerned must receive the rebuttal
within 30 days of the date of the notice and may grant an extension
of up to an additional 30 days for good cause shown. The rebuttal
should:
i. Explain the points of, and reasons for, disagreement with the
notice.
ii. Have any documents referred to in the rebuttal attached.
iii. Include or have attached statements (that are attested to
be true and correct to the best of the individual's knowledge and
belief) by the applicant or other persons in support of the
rebuttal.
3. If the applicant does not submit a rebuttal within the time
permitted, the notice of untimely receipt is a final action and the
Component must return the application to the applicant with a
notice that the finding is final and the application may not be
considered.
4. If the applicant submits a timely rebuttal, the Component
must consider the rebuttal:
i. If the Component finds that the application was received
within the required time limit, the Component must reverse its
finding of untimely receipt, notify the applicant in writing, and
process the application on its merits.
ii. If the Component does not reverse the finding of untimely
receipt, the Component must forward the record, including the
application, notice of untimely receipt, and rebuttal, to the
appropriate determining official (see paragraph C.1. of
Appendix D to this part) for an initial determination on the issue
of untimely receipt. The Component does not need to investigate the
merits of the application before forwarding the record.
5. After making an initial determination on the issue of
untimely receipt, the determining official must follow the
procedures in Appendix D to this part. In addition, if the
determining official finds that the application was timely, the
official may:
i. Return the application to the Component concerned for
processing on the merits according to this part, or
ii. Make a recommendation to the DOHA to grant all or part of
the application as described in paragraph D to this Appendix.
C. Initial Determinations
The standards in Appendix B to this part must be applied when
considering the merits of a waiver application. After making an
initial determination, the DOHA must follow the procedures at
paragraph F to this Appendix and may take the following actions
regarding waiver applications referred under paragraph A.4.ii. or
B.5.ii. to this Appendix:
1. Make an initial determination denying a waiver application in
its entirety; or
2. Make an initial determination granting all or part of a
waiver application.
D. Recommendation to the DOHA To Grant All or Part of an
Application
Referrals to the DOHA must include the entire record along with
the recommendation and administrative report described in paragraph
E to this Appendix. The record and the report must be sent to:
Defense Office of Hearings and Appeals, Claims Division, P.O. Box
3656, Arlington, VA 22203-1995.
E. Recommendation and Administrative Report
The recommendation and administrative report required by
paragraph D to this Appendix must describe the recommended action
(and its reasons) and the following:
1. The names and mailing addresses of each employee, member, or
other person from whom collection is sought, or a statement that
the person cannot reasonably be located.
2. The aggregate amount of the debt, including an itemization
showing the elements of the aggregate amount.
3. The date the erroneous payment was discovered.
4. The date the recipient was notified of the error and a
statement of the erroneous amounts paid before and after receipt of
such notice.
5. A summary of the facts and circumstances describing how the
erroneous payment occurred; the recipient's knowledge of the
erroneous nature of the payment; the steps taken by the recipient
to bring the matter to the attention of the appropriate official;
and the Component's response, if any.
6. A finding of whether there is any indication of fraud,
misrepresentation, fault, or lack of good faith on the part of the
applicant and the reasons for such a finding.
7. Legible copies or the originals of supporting documents, such
as leave and earnings statements, notifications of personnel
actions, travel authorizations and vouchers, and military
orders.
8. 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.
F. Processing After an Initial Determination
After making an initial determination, the DOHA must:
1. Notify the applicant if all or part of the waiver application
is denied. The notification must explain:
i. The determination and the reasons for it.
ii. The appropriate Component action to resolve the debt as a
consequence of the determination if it is or becomes a final action
(the finality of an initial determination is explained at paragraph
G to this Appendix).
iii. The appeal process (as explained in Appendix F to this
part) if the determination does not grant the entire application or
does not contain a finding of timely receipt.
2. Notify the Component concerned when and if the determination
is a final action. The notice must explain:
i. The determination and its the reasons.
ii. The appropriate Component action to resolve the debt as a
consequence of the determination.
G. When an Initial Determination Is Final
A final action is an initial determination that grants the
entire waiver application or finds that the application was timely
received. Also, an initial determination (including one of untimely
receipt) is a final action if the determining official does not
receive an appeal within 30 days of the date of the initial
determination (plus any extension of up to 30 additional days
granted by the determining official for good cause shown).