B-165040, DEC. 12, 1968

B-165040: Dec 12, 1968

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LAMB WAS APPOINTED TO THE POSITION OF SCIENTIFIC ADVISER AND DIRECTOR. HE WAS DEMOTED. LAMB WAS GRANTED SALARY RETENTION BENEFITS UNDER PUBLIC LAW 85-737 (NOW 5 U.S.C. 5337) AND WAS PAID AT THE SAVED RATE OF $21. LAMB UNDER 5 U.S.C. 5337 WAS AN ADMINISTRATIVE ERROR SINCE MR.

B-165040, DEC. 12, 1968

TO MR. SECRETARY:

WE REFER TO THE INDEBTEDNESS OF MR. JAMES J. LAMB IN THE AMOUNT OF $9,695.76, ARISING FROM OVERPAYMENTS OF SALARY DURING THE PERIOD NOVEMBER 28, 1965, THROUGH NOVEMBER 27, 1967, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, U.S. ARMY ELECTRONIC PROVING GROUND, FORT HUACHUCA, ARIZONA, WHICH HAS BEEN THE SUBJECT OF PRIVATE RELIEF BILL H.R. 19103, 90TH CONGRESS, 2D SESSION.

ON DECEMBER 27, 1961, MR. LAMB WAS APPOINTED TO THE POSITION OF SCIENTIFIC ADVISER AND DIRECTOR, SIGNAL COMMUNICATIONS DEPARTMENT, AT $16,000 PER ANNUM UNDER AUTHORITY OF PUBLIC LAW 80-313, AS AMENDED, 5 U.S.C. 1161-1163. IN OCTOBER 1965, MR. LAMB DECLINED A TRANSFER TO THE U.S. ARMY ELECTRONICS COMMAND, FORT MONMOUTH, NEW JERSEY. AS A RESULT THEREOF, HE WAS DEMOTED, EFFECTIVE NOVEMBER 28, 1965, FROM THE POSITION OF CHIEF SCIENTIST, ELECTRONIC RESEARCH AND DEVELOPMENT ACTIVITY, $21,653 PER ANNUM, TO THE POSITION OF ELECTRONIC ENGINEER (GENERAL), GS-13, STEP 10 ($16,425 PER ANNUM). IN CONNECTION WITH SUCH DEMOTION MR. LAMB WAS GRANTED SALARY RETENTION BENEFITS UNDER PUBLIC LAW 85-737 (NOW 5 U.S.C. 5337) AND WAS PAID AT THE SAVED RATE OF $21,653 PER ANNUM FOR THE PERIOD NOVEMBER 28, 1965, THROUGH NOVEMBER 27, 1967.

THE ALLOWANCE OF SALARY RETENTION BENEFITS TO MR. LAMB UNDER 5 U.S.C. 5337 WAS AN ADMINISTRATIVE ERROR SINCE MR. LAMB HAD NOT BEEN"REDUCED IN GRADE FROM A GRADE OF THE GENERAL SCHEDULE" AS REQUIRED BY THAT STATUTE.

UNDER THE AUTHORITY CONFERRED BY PUBLIC LAW 90-616 OF OCTOBER 21, 1968, 82 STAT. 1212, 5 U.S.C. 5584, AND UPON CONSIDERATION OF THE FACTS SURROUNDING THE OVERPAYMENTS WE HEREBY WAIVE THE CLAIM OF THE UNITED STATES AGAINST JAMES J. LAMB. THE DEPARTMENT SHOULD INFORM MR. LAMB OF OUR ACTION.

OUR RECORD INDICATES THAT AS OF SEPTEMBER 16, 1968, NO PORTION OF THE INDEBTEDNESS HAS BEEN REPAID BY MR. LAMB. HOWEVER, IF ANY PART HAS BEEN REFUNDED BY THE EMPLOYEE, HE SHOULD BE ADVISED THAT UNDER THE ACT HE HAS TWO 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.