B-159708, JAN. 6, 1969

B-159708: Jan 6, 1969

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THE BASIC MISTAKE CAUSING THE OVERPAYMENTS WAS THAT MR. CALL AWAY WAS PREMATURELY PROMOTED TO GRADE GS-5 ON AUGUST 10. PURSUANT TO SUCH REQUEST AND IN ACCORDANCE WITH SUCH STATUTE WE HAVE DETERMINED IT TO BE APPROPRIATE TO WAIVE AND DO HEREBY WAIVE $640 OF THE CLAIM AGAINST MR. THE WAIVER OF THAT PORTION OF THE CLAIM IS NOT AUTHORIZED UNDER PUBLIC LAW 90 616. IT IS REQUESTED THAT YOU ADVISE MR. A COPY OF THIS LETTER IS BEING FURNISHED THE HONORABLE CHARLES E.

B-159708, JAN. 6, 1969

TO MR. SECRETARY:

IN MAY 1966 AS A RESULT OF OUR AUDIT OF CIVILIAN PAYROLLS OF THE UNITED STATES NAVAL AIR STATION, JACKSONVILLE, FLORIDA, WE ISSUED AN INFORMAL INQUIRY ON ERRONEOUS CIVILIAN COMPENSATION PAYMENTS ESTIMATED TO TOTAL $837.60 MADE TO MR. BRANTLEY B. CALL AWAY DURING THE PERIOD AUGUST 10, 1958, THROUGH JANUARY 15, 1966. THE BASIC MISTAKE CAUSING THE OVERPAYMENTS WAS THAT MR. CALL AWAY WAS PREMATURELY PROMOTED TO GRADE GS-5 ON AUGUST 10, 1958, IN CONTRAVENTION OF SECTION 1310 (C) OF THE SUPPLEMENTAL APPROPRIATIONS ACT OF 1951 COMMONLY REFERRED TO AS THE WHITTEN AMENDMENT. WE UNDERSTAND THAT THE FULL AMOUNT OF THE INDEBTEDNESS OF MR. CALL AWAY NOW HAS BEEN LIQUIDATED BY HIM.

MR. CALL AWAY RECENTLY REQUESTED THAT THE CLAIM AGAINST HIM BE WAIVED BY THIS OFFICE UNDER THE AUTHORITY OF PUBLIC LAW 90-616 APPROVED OCTOBER 21, 1968, 82 STAT. 1212. PURSUANT TO SUCH REQUEST AND IN ACCORDANCE WITH SUCH STATUTE WE HAVE DETERMINED IT TO BE APPROPRIATE TO WAIVE AND DO HEREBY WAIVE $640 OF THE CLAIM AGAINST MR. CALL AWAY COVERING ERRONEOUS PAYMENTS OF PAY RECEIVED BY HIM ON OR AFTER JULY 1, 1960. THE REMAINDER OF THE GOVERNMENT'S CLAIM AGAINST MR. CALL AWAY -- AMOUNTING TO JUST UNDER $200 - - REPRESENTS ERRONEOUS PAYMENTS OF PAY RECEIVED BY HIM PRIOR TO JULY 1, 1960, AND THE WAIVER OF THAT PORTION OF THE CLAIM IS NOT AUTHORIZED UNDER PUBLIC LAW 90 616.

UNDER THE PROVISIONS OF THAT LAW (PUBLIC LAW 90-616) MR. CALL AWAY HAS 2 YEARS FROM THE DATE OF THE WAIVER OF THE CLAIM WITHIN WHICH TO FILE CLAIM WITH THE EMPLOYING AGENCY FOR REFUND OF AMOUNTS PAID BY OR COLLECTED FROM HIM IN LIQUIDATION OF THE CLAIM WHICH HAS BEEN WAIVED. ACCORDINGLY, IT IS REQUESTED THAT YOU ADVISE MR. CALL AWAY OF HIS ENTITLEMENT TO REFUND OF $640 UPON HIS FILING WITH YOUR DEPARTMENT A CLAIM FOR REFUND IN ACCORDANCE WITH THE PROVISIONS OF PUBLIC LAW 90 616. A COPY OF THIS LETTER IS BEING FURNISHED THE HONORABLE CHARLES E. BENNETT.