B-156031, JAN. 9, 1969

B-156031: Jan 9, 1969

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FIELD WAS OVERPAID BY THE SAN FRANCISCO NAVAL SHIPYARD AS THE RESULT OF A RETROACTIVE AMENDMENT TO A PERSONNEL ACTION PROMOTING HIM TO A HIGHER CIVIL SERVICE POSITION. WHICH WAS SUBSEQUENT TO THE EFFECTIVE DATE OF THE CLASSIFICATION ACT AMENDMENTS OF 1962. WAS A BONA FIDE PROMOTION WHICH COULD NOT BE CHANGED OR CORRECTED RETROACTIVELY IN THE ABSENCE OF EVIDENCE SHOWING THAT AN ADMINISTRATIVE ERROR WAS MADE IN ORIGINALLY SETTING THE EFFECTIVE DATE. WE NOTE THAT SIMILAR OVERPAYMENTS WERE MADE TO ROBERT H. THEY WOULD BE FOR HANDLING BY YOUR AGENCY IN ACCORDANCE WITH THE STANDARDS ISSUED BY THE COMPTROLLER GENERAL WHICH WERE FORWARDED TO THE HEADS OF EXECUTIVE AGENCIES BY CIRCULAR LETTER B-152040.

B-156031, JAN. 9, 1969

TO MR. SECRETARY:

WE REFER TO THE INDEBTEDNESS OF ARTHUR E. FIELD IN THE AMOUNT OF $776.80, ARISING FROM OVERPAYMENTS OF SALARY DURING THE PERIOD SEPTEMBER 30, 1962, THROUGH AUGUST 29, 1964, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, SAN FRANCISCO BAY NAVAL SHIPYARD, FORMERLY SAN FRANCISCO NAVAL SHIPYARD.

MR. FIELD WAS OVERPAID BY THE SAN FRANCISCO NAVAL SHIPYARD AS THE RESULT OF A RETROACTIVE AMENDMENT TO A PERSONNEL ACTION PROMOTING HIM TO A HIGHER CIVIL SERVICE POSITION. THE AMENDMENT CHANGED THE EFFECTIVE DATE OF HIS PROMOTION FROM SEPTEMBER 30, 1962, TO OCTOBER 14, 1962, WHICH WAS SUBSEQUENT TO THE EFFECTIVE DATE OF THE CLASSIFICATION ACT AMENDMENTS OF 1962, THUS GIVING THE EMPLOYEE A TWO STEP INCREASE UPON PROMOTION INSTEAD OF A ONE STEP INCREASE IN EFFECT PRIOR TO OCTOBER 14, 1962, THE EFFECTIVE DATE OF THAT ACT. OUR OFFICE TOOK EXCEPTION TO THIS ACTION IN THAT THE PROMOTION EFFECTIVE SEPTEMBER 30, 1962, WAS A BONA FIDE PROMOTION WHICH COULD NOT BE CHANGED OR CORRECTED RETROACTIVELY IN THE ABSENCE OF EVIDENCE SHOWING THAT AN ADMINISTRATIVE ERROR WAS MADE IN ORIGINALLY SETTING THE EFFECTIVE DATE.

UNDER THE AUTHORITY CONFERRED BY PUBLIC LAW 90-616 OF OCTOBER 21, 1968, AND UPON CONSIDERATION OF THE FACTS SURROUNDING THE OVERPAYMENTS, WE HEREBY WAIVE THE ABOVE-MENTIONED CLAIM OF THE UNITED STATES AGAINST MR. FIELD. THE DEPARTMENT SHOULD INFORM MR. FIELD OF OUR ACTION AND THE FACT THAT UNDER THE ACT HE HAS 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM FOR REFUND OF ANY AMOUNTS COLLECTED FROM HIM BECAUSE OF THE SALARY OVERPAYMENTS.

ALSO, WE NOTE THAT SIMILAR OVERPAYMENTS WERE MADE TO ROBERT H. CLARK, EDWARD M. LEONARD, BRADFORD A. TURCOTT AND FRED J. TUCK. SINCE THE AGGREGATE AMOUNTS OF OVERPAYMENTS IN THE CASES OF MESSRS. LEONARD AND TURCOTT DO NOT EXCEED $500, THEY WOULD BE FOR HANDLING BY YOUR AGENCY IN ACCORDANCE WITH THE STANDARDS ISSUED BY THE COMPTROLLER GENERAL WHICH WERE FORWARDED TO THE HEADS OF EXECUTIVE AGENCIES BY CIRCULAR LETTER B-152040, B-158422, DATED DECEMBER 26, 1968. THESE STANDARDS NOW APPEAR ON PAGE 20001, FEDERAL REGISTER, VOL. 33, NO. 253, DECEMBER 31, 1968. SINCE THE OVERPAYMENTS OF SALARY TO MESSRS. CLARK AND TUCK EXCEED $500 AND THE WAIVER DETERMINATION OF THEIR INDEBTEDNESS UNDER PUBLIC LAW 90-616 COULD BE EFFECTED ONLY BY ACTION OF THE COMPTROLLER GENERAL, IT IS REQUESTED THAT YOU ADVISE US WHETHER IN CONNECTION WITH THESE CLAIMS THERE IS ANY INDICATION OF FRAUD, MISREPRESENTATION, FAULT OR LACK OF GOOD FAITH ON THE PART OF THE EMPLOYEES OR ANY OTHER PERSON HAVING AN INTEREST IN OBTAINING A WAIVER OF THE CLAIMS.