B-165557, JAN. 14, 1969

B-165557: Jan 14, 1969

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SEVERAL ADMINISTRATIVE ERRORS WERE MADE IN DETERMINING MRS. THE INITIAL ERROR WAS THAT MRS. WAS PLACED IN STEP 5 OF GRADE GS-3.

B-165557, JAN. 14, 1969

TO MR. SECRETARY:

WE REFER TO LETTER OF DECEMBER 23, 1968, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE (FINANCIAL MANAGEMENT) CONCERNING THE INDEBTEDNESS OF MRS. RUBY H. BARBOZA IN THE AMOUNT OF $724.40 ARISING FROM OVERPAYMENTS OF SALARY DURING THE PERIOD DECEMBER 9, 1965, THROUGH SEPTEMBER 4, 1968, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

SEVERAL ADMINISTRATIVE ERRORS WERE MADE IN DETERMINING MRS. BARBOZA'S PROPER PAY ENTITLEMENTS. THE INITIAL ERROR WAS THAT MRS. BARBOZA UPON RECEIVING AN APPOINTMENT ON DECEMBER 9, 1965, WAS PLACED IN STEP 5 OF GRADE GS-3, INSTEAD OF STEP 3 OF GRADE GS-3. THIS ERROR IN TURN RESULTED IN SEVERAL SUBSEQUENT ERRONEOUS PERSONNEL ACTIONS AND PAY RAISES.

UNDER 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 MRS. BARBOZA. THE DEPARTMENT SHOULD ADVISE MRS. BARBOZA OF OUR ACTION. THE RECORD INDICATES THAT YOUR OFFICE HAD COLLECTED $75 FROM MRS. BARBOZA PRIOR TO HER RESIGNATION FROM THE AIR FORCE ON NOVEMBER 15, 1968. THEREFORE, SHE SHOULD ALSO BE ADVISED THAT UNDER THE ACT SHE HAS TWO YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM WITH YOUR DEPARTMENT FOR REFUND OF THE AMOUNTS COLLECTED FROM HER BECAUSE OF THE SALARY OVERPAYMENTS.