B-165071, DEC. 6, 1968

B-165071: Dec 6, 1968

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SEVERAL ADMINISTRATIVE ERRORS WERE MADE IN DETERMINING MR. THE INITIAL ERROR WAS THAT MR. KUYKENDALL WAS NOT ENTITLED TO THE WITHIN-GRADE INCREASE TO W-9. WHICH WAS GRANTED ON AUGUST 12. THE DATE UPON WHICH HE WAS PROMOTED TO THE W-9 POSITION. KUYKENDALL'S CASE IS $479.75. AT THE PRESENT TIME WE ARE PREPARING STANDARDS TO BE ISSUED IN IMPLEMENTATION OF PUBLIC LAW 90-616. UNDER THAT LAW THE HEAD OF AN EXECUTIVE AGENCY ORDINARILY WILL CONSIDER THE WAIVER OF ERRONEOUS PAYMENTS OF PAY IN AGGREGATE AMOUNTS NOT EXCEEDING $500. IN VIEW OF THE FACT THAT STANDARDS HAVE NOT YET BEEN PROMULGATED.

B-165071, DEC. 6, 1968

TO MR. SECRETARY:

WE REFER TO THE INDEBTEDNESS OF MR. BEDFORD F. KUYKENDALL IN THE AMOUNT OF $479.75 ARISING FROM THE OVERPAYMENTS OF SALARY DURING THE PERIODS AUGUST 12, 1962, THROUGH OCTOBER 5, 1963, AND JANUARY 12, 1964, THROUGH MARCH 20, 1965, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY AT THE REDSTONE ARSENAL, ALABAMA, WHICH HAS BEEN THE SUBJECT OF A PRIVATE RELIEF BILL H.R. 5220, 90TH CONGRESS, 1ST SESSION.

SEVERAL ADMINISTRATIVE ERRORS WERE MADE IN DETERMINING MR. KUYKENDALL'S PROPER PAY ENTITLEMENTS. THE INITIAL ERROR WAS THAT MR. KUYKENDALL WAS NOT ENTITLED TO THE WITHIN-GRADE INCREASE TO W-9, STEP 3, WHICH WAS GRANTED ON AUGUST 12, 1962, SINCE HE HAD NOT AT THAT TIME COMPLETED THE REQUIRED 78 CALENDAR WEEKS OF SERVICE SINCE RECEIVING HIS LAST EQUIVALENT INCREASE IN COMPENSATION ON MAY 20, 1962, THE DATE UPON WHICH HE WAS PROMOTED TO THE W-9 POSITION. THIS ERROR IN TURN RESULTED IN SEVERAL OF MR. KUYKENDALL'S SUBSEQUENT PAY CHANGES ALSO BEING MADE EFFECTIVE PRIOR TO THE PROPER DATE OF ENTITLEMENT. THE TOTAL OVERPAYMENT IN MR. KUYKENDALL'S CASE IS $479.75.

AT THE PRESENT TIME WE ARE PREPARING STANDARDS TO BE ISSUED IN IMPLEMENTATION OF PUBLIC LAW 90-616. UNDER THAT LAW THE HEAD OF AN EXECUTIVE AGENCY ORDINARILY WILL CONSIDER THE WAIVER OF ERRONEOUS PAYMENTS OF PAY IN AGGREGATE AMOUNTS NOT EXCEEDING $500. HOWEVER, IN VIEW OF THE FACT THAT STANDARDS HAVE NOT YET BEEN PROMULGATED, WE CONSIDER IT APPROPRIATE FOR THIS OFFICE TO EXERCISE THE WAIVER AUTHORITY IN THE CASE OF MR. KUYKENDALL.

THEREFORE, 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 BEDFORD F. KUYKENDALL. THE DEPARTMENT SHOULD INFORM MR. KUYKENDALL OF OUR ACTION. OUR RECORD INDICATES THAT AS OF OCTOBER 29, 1968, NO PORTION OF THE INDEBTEDNESS HAD BEEN REPAID BY MR. KUYKENDALL. 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.