B-160771, FEB. 12, 1969

B-160771: Feb 12, 1969

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WE HAVE NOW RECEIVED THE REPORT REQUESTED FROM THE DEPARTMENT CONFIRMING THE FACT THAT THE ERROR IN GRANTING SAVED PAY INCIDENT TO YOUR DEMOTION FROM GS-11. WAS EFFECTED THROUGH NO FAULT ON YOUR PART. THE DEPARTMENT FURTHER REPORTS THERE IS NO INDICATION OF FRAUD. IN VIEW THEREOF THE CLAIM OF THE GOVERNMENT AGAINST YOU ARISING OUT OF YOUR HAVING ERRONEOUSLY RECEIVED SAVED PAY INCIDENT TO SUCH DEMOTION SHOULD BE AND HEREBY IS WAIVED. THE RECORDS WE HAVE BEFORE US DO NOT INDICATE THAT YOU HAVE REFUNDED ANY PART OF THE INDEBTEDNESS AND OUR UNDERSTANDING IS THAT YOU HAVE NOT DONE SO. IF OUR UNDERSTANDING IN THIS RESPECT IS NOT CORRECT YOU SHOULD FILE A REQUEST WITH THE DEPARTMENT OF THE ARMY FOR REFUND OF ANY AMOUNTS YOU MAY HAVE PAID IN LIQUIDATION OF YOUR INDEBTEDNESS WHICH IS WAIVED BY THIS LETTER.

B-160771, FEB. 12, 1969

TO MR. HAROLD W. ENGLAND:

WE REFER AGAIN TO YOUR LETTER OF DECEMBER 1, 1968, REQUESTING THAT THE CLAIM OF THE GOVERNMENT AGAINST YOU, ARISING OUT OF YOUR RECEIVING AN ERRONEOUS PAYMENT OF PAY, BE WAIVED AND TO OUR LETTER OF DECEMBER 16, 1968, ADVISING YOU THAT OUR FINAL ACTION ON YOUR REQUEST WOULD BE WITHHELD PENDING RECEIPT OF A REPORT IN THE MATTER FROM THE DEPARTMENT OF THE ARMY.

WE HAVE NOW RECEIVED THE REPORT REQUESTED FROM THE DEPARTMENT CONFIRMING THE FACT THAT THE ERROR IN GRANTING SAVED PAY INCIDENT TO YOUR DEMOTION FROM GS-11, STEP 5, TO THE WAGE BOARD POSITION AS CARPENTER, GRADE 9, STEP 3, WAS EFFECTED THROUGH NO FAULT ON YOUR PART. THE DEPARTMENT FURTHER REPORTS THERE IS NO INDICATION OF FRAUD, MISREPRESENTATION, FAULT OR LACK OF GOOD FAITH ON YOUR PART OR ON THE PART OF ANY OTHER PERSON HAVING AN INTEREST IN OBTAINING A WAIVER OF THE CLAIM. IN VIEW THEREOF THE CLAIM OF THE GOVERNMENT AGAINST YOU ARISING OUT OF YOUR HAVING ERRONEOUSLY RECEIVED SAVED PAY INCIDENT TO SUCH DEMOTION SHOULD BE AND HEREBY IS WAIVED.

THE RECORDS WE HAVE BEFORE US DO NOT INDICATE THAT YOU HAVE REFUNDED ANY PART OF THE INDEBTEDNESS AND OUR UNDERSTANDING IS THAT YOU HAVE NOT DONE SO. IF OUR UNDERSTANDING IN THIS RESPECT IS NOT CORRECT YOU SHOULD FILE A REQUEST WITH THE DEPARTMENT OF THE ARMY FOR REFUND OF ANY AMOUNTS YOU MAY HAVE PAID IN LIQUIDATION OF YOUR INDEBTEDNESS WHICH IS WAIVED BY THIS LETTER. ANY SUCH REQUEST FOR REFUND MUST BE FILED WITH THE DEPARTMENT WITHIN 2 YEARS FROM THE DATE OF THIS LETTER.