B-165640, JAN. 30, 1969

B-165640: Jan 30, 1969

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THOMPSON WAS PROMOTED FROM GS-10. YOU STATE IN YOUR LETTER THAT THERE IS NO INDICATION OF FRAUD OR ANY OTHER BAD FAITH ON THE PART OF THE EMPLOYEE WHO RECEIVED THE OVERPAYMENT OR ANY OTHER PERSON. OUR INVESTIGATION OF THE MATTER CONFIRMS THE FACT THAT THERE IS NO INDICATION OF FRAUD. WE HAVE CONCLUDED THAT IT IS APPROPRIATE TO WAIVE THE ERRONEOUS PAYMENTS IN QUESTION AND SUCH ERRONEOUS PAYMENTS HEREBY ARE WAIVED. THOMPSON HAS NOT MADE RESTITUTION OF ANY PART OF HIS INDEBTEDNESS WHICH IS WAIVED BY THIS LETTER. IN THE EVENT THAT OUR UNDERSTANDING IS NOT CORRECT IN THIS REGARD YOU SHOULD ADVISE MR. THOMPSON THAT HE MAY OBTAIN REFUND OF ANY AMOUNTS PAID OR COLLECTED FROM HIM IN LIQUIDATION OF ALL OR ANY PART OF THE INDEBTEDNESS WHICH IS WAIVED BY THIS LETTER UPON HIS FILING WITH YOUR ADMINISTRATION A REQUEST FOR REFUND WITHIN 2 YEARS FROM THE DATE OF THIS WAIVER.

B-165640, JAN. 30, 1969

TO MR. THOMAS:

WE REFER TO YOUR LETTER OF NOVEMBER 15, 1968, REQUESTING THAT WE WAIVE THE CLAIM OF THE GOVERNMENT AGAINST MR. OLIVER E. THOMPSON, AN EMPLOYEE OF YOUR AGENCY, WHO RECEIVED ERRONEOUS PAYMENTS OF PAY AS A RESULT OF HIS HAVING ILLEGALLY RECEIVED A RETROACTIVE PROMOTION. THE ILLEGAL PROMOTION OCCURRED ON FEBRUARY 17, 1966, WHEN MR. THOMPSON WAS PROMOTED FROM GS-10, STEP 8, TO GS-11, STEP 7, RETROACTIVELY EFFECTIVE TO AUGUST 2, 1964.

YOU STATE IN YOUR LETTER THAT THERE IS NO INDICATION OF FRAUD OR ANY OTHER BAD FAITH ON THE PART OF THE EMPLOYEE WHO RECEIVED THE OVERPAYMENT OR ANY OTHER PERSON. OUR INVESTIGATION OF THE MATTER CONFIRMS THE FACT THAT THERE IS NO INDICATION OF FRAUD, MISREPRESENTATION, FAULT, OR LACK OF GOOD FAITH ON THE PART OF THE EMPLOYEE OR ANY PERSON INTERESTED IN OBTAINING A WAIVER OF THE CLAIM. BASED UPON THE INFORMATION CONTAINED IN YOUR LETTER AND OUR INVESTIGATION OF THE MATTER, WE HAVE CONCLUDED THAT IT IS APPROPRIATE TO WAIVE THE ERRONEOUS PAYMENTS IN QUESTION AND SUCH ERRONEOUS PAYMENTS HEREBY ARE WAIVED. WE REQUEST THAT YOU ADVISE MR. THOMPSON OF THIS ACTION.

WE UNDERSTAND THAT MR. THOMPSON HAS NOT MADE RESTITUTION OF ANY PART OF HIS INDEBTEDNESS WHICH IS WAIVED BY THIS LETTER. IN THE EVENT THAT OUR UNDERSTANDING IS NOT CORRECT IN THIS REGARD YOU SHOULD ADVISE MR. THOMPSON THAT HE MAY OBTAIN REFUND OF ANY AMOUNTS PAID OR COLLECTED FROM HIM IN LIQUIDATION OF ALL OR ANY PART OF THE INDEBTEDNESS WHICH IS WAIVED BY THIS LETTER UPON HIS FILING WITH YOUR ADMINISTRATION A REQUEST FOR REFUND WITHIN 2 YEARS FROM THE DATE OF THIS WAIVER.