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[Request for Waiver of Overpayment of Pay]

B-212361 Feb 13, 1984
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Highlights

A former Army employee appealed a Claims Group decision which denied his claim for an overpayment waiver after the Army had erroneously granted him a within-grade increase. The employee had been reduced in grade while retaining his previous pay rate which the Army improperly used to determine the increase. Regulations provide that an increase may only be determined according to the lower grade. The Claims Group held that, although the employee may have been confused as to his entitlement to a within-grade increase at the higher grade, he should have questioned it. Since he was partially at fault for not identifying the possible mistake, waiver was not granted. GAO noted that it was not reasonable to expect the employee to have knowledge of such a regulation, and there was no indication that he attempted to fraudulently circumvent the regulation. Further, since the employee was expecting a within-grade increase at the time, the increase appeared to be a normal action. Accordingly, the Claims Group's decision was overruled and the waiver was granted.

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