B-165303, B-165431, JAN. 14, 1969

B-165303,B-165431: Jan 14, 1969

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REED WAS ADVANCED FROM THE WAGE BOARD POSITION OF W-4. HIS RATE OF COMPENSATION AFTER CONVERSION SHOULD HAVE BEEN FIXED AT $4. FISHER'S SITUATION WAS DIFFERENT FROM THAT OF MR. REED IN THAT THE ERROR TOOK PLACE SUBSEQUENT TO HIS CONVERSION WHEN HE WAS ERRONEOUSLY GIVEN WITHIN GRADE INCREASES PRIOR TO HIS ELIGIBILITY. WE HAVE EXERCISED OUR WAIVER AUTHORITY UNDER THE STATUTE IN HIS CASE SINCE WE HAD UNDERTAKEN TO ASCERTAIN THE FACTS PRIOR TO THE DATE OF ISSUANCE OF THE STANDARDS AND IN ORDER TO EXPEDITE THE DISPOSITION OF THE CASE. THEY SHOULD BE ADVISED THAT UNDER THE ACT THEY HAVE 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM FOR REFUND OF ANY AMOUNTS COLLECTED FROM THEM BECAUSE OF THE SALARY OVERPAYMENTS.

B-165303, B-165431, JAN. 14, 1969

TO MR. SECRETARY:

WE REFER TO THE INDEBTEDNESS OF MR. MARVIN J. REED IN THE AMOUNT OF $449.60 AND MR. ALEXANDER J. FISHER, JR., IN THE AMOUNT OF $1,128.80, ARISING FROM SALARY OVERPAYMENTS DURING THE PERIODS NOVEMBER 27, 1960, THROUGH APRIL 25, 1964, AND JUNE 10, 1962, THROUGH APRIL 20, 1968, RESPECTIVELY, AS EMPLOYEES OF THE DEPARTMENT OF THE AIR FORCE (HDQRS. 926TH TACTICAL AIRLIFT GROUP (RES) CAC) AT THE NEW ORLEANS NAVAL AIR STATION, NEW ORLEANS, LOUISIANA.

ON NOVEMBER 27, 1960, MR. REED WAS ADVANCED FROM THE WAGE BOARD POSITION OF W-4, STEP 2, WITH A SALARY OF $2.03 PER HOUR OR $4,222.40 PER ANNUM TO A CLASSIFICATION ACT POSITION OF GS-4, STEP 4, $4,355 PER ANNUM. SINCE MR. REED'S SALARY OF $2.03 PER HOUR OR $4,222.40 PER ANNUM AS A W-4, STEP 2, FELL BETWEEN THE SALARY OF A GS-4, STEP 2, AND A GS-4, STEP 3, HIS RATE OF COMPENSATION AFTER CONVERSION SHOULD HAVE BEEN FIXED AT $4,250 PER ANNUM OR THAT OF A GS-4, STEP 3, IN ACCORDANCE WITH PROVISIONS OF FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-1, SECTION 539.203.

MR. FISHER'S SITUATION WAS DIFFERENT FROM THAT OF MR. REED IN THAT THE ERROR TOOK PLACE SUBSEQUENT TO HIS CONVERSION WHEN HE WAS ERRONEOUSLY GIVEN WITHIN GRADE INCREASES PRIOR TO HIS ELIGIBILITY.

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 MR. REED AND MR. FISHER. THE DEPARTMENT SHOULD INFORM THE TWO EMPLOYEES OF OUR ACTION. WHILE THE CASE OF MR. REED, UNDER THE WAIVER STANDARDS, ORDINARILY WOULD BE FOR ACTION BY YOU SINCE THE OVERPAYMENT DID NOT EXCEED $500, WE HAVE EXERCISED OUR WAIVER AUTHORITY UNDER THE STATUTE IN HIS CASE SINCE WE HAD UNDERTAKEN TO ASCERTAIN THE FACTS PRIOR TO THE DATE OF ISSUANCE OF THE STANDARDS AND IN ORDER TO EXPEDITE THE DISPOSITION OF THE CASE. IF ANY PART OF THE INDEBTEDNESS HAS BEEN REFUNDED BY THE EMPLOYEES, THEY SHOULD BE ADVISED THAT UNDER THE ACT THEY HAVE 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM FOR REFUND OF ANY AMOUNTS COLLECTED FROM THEM BECAUSE OF THE SALARY OVERPAYMENTS.

IN OUR REVIEW OF THE MATTER, IT WAS ALSO FOUND THAT ANTHONY CHIASSON OF THE 926TH TACTICAL AIRLIFT GROUP WAS OVERPAID SALARY IN THE AMOUNT OF $145.60 DURING THE PERIOD JUNE 5, 1966, THROUGH APRIL 23, 1967, UNDER CIRCUMSTANCES EXACTLY THE SAME AS THOSE PRESENT IN THE CASE OF MR. FISHER. ENCLOSED IS A COPY OF A LETTER FROM MR. CHIASSON DATED SEPTEMBER 12, 1968, REQUESTING WAIVER OF THIS OVERPAYMENT. THE WAIVER AND REFUND WOULD BE FOR HANDLING BY YOUR AGENCY IN ACCORDANCE WITH 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. MR CHAISSON HAS BEEN ADVISED OF THIS TRANSMITTAL.