B-165671, FEB. 20, 1969

B-165671: Feb 20, 1969

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THIS MATTER WAS THE SUBJECT OF A REPORT FURNISHED US ON FEBRUARY 5. SINCE OUR OFFICE HAS BEEN FURNISHED AN ADMINISTRATIVE REPORT IN THIS CASE WAIVER ACTION IS BEING TAKEN HERE ALTHOUGH UNDER THE STANDARDS AGENCY HEADS. ARE GIVEN AUTHORITY TO CONSIDER WAIVER OF OVERPAYMENTS OF $500 OR LESS.

B-165671, FEB. 20, 1969

TO MR. SECRETARY:

WE REFER TO THE INDEBTEDNESS OF MR. RAYMOND J. GRACHEK IN THE AMOUNT OF $201.60 ARISING FROM OVERPAYMENTS OF SALARY DURING 1964 AND 1965 AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, ERIE ARMY DEPOT, PORT CLINTON, OHIO. THIS MATTER WAS THE SUBJECT OF A REPORT FURNISHED US ON FEBRUARY 5, 1969, BY THE ASSISTANT SECRETARY OF THE ARMY (FINANCIAL MANAGEMENT).

THE OVERPAYMENTS RESULTED FROM AN ADMINISTRATIVE ERROR IN PLACING MR. GRACHEK IN STEP 2 OF GRADE GS-9, INSTEAD OF STEP 1, UPON HIS TRANSFER FROM A WAGE BOARD POSITION TO A POSITION UNDER THE CLASSIFICATION ACT DURING THE RETROACTIVE PERIOD OF THE FEDERAL EMPLOYEES SALARY ACT OF 1964, APPROVED AUGUST 14, 1964, 78 STAT. 400.

UNDER THE AUTHORITY CONFERRED BY PUBLIC LAW 90-616 OF OCTOBER 21, 1968, 82 STAT. 1212, 5 U.S.C. 5584, AND SINCE OUR OFFICE HAS BEEN FURNISHED AN ADMINISTRATIVE REPORT IN THIS CASE WAIVER ACTION IS BEING TAKEN HERE ALTHOUGH UNDER THE STANDARDS AGENCY HEADS, GENERALLY, ARE GIVEN AUTHORITY TO CONSIDER WAIVER OF OVERPAYMENTS OF $500 OR LESS. UPON CONSIDERATION OF THE FACTS SUBMITTED TO US SURROUNDING THE OVERPAYMENTS, WE HEREBY WAIVE THE CLAIM OF THE UNITED STATES AGAINST MR. GRACHEK. THE DEPARTMENT SHOULD ADVISE HIM OF OUR ACTION.

THE FILE REVEALS THAT MR. GRACHEK HAS REIMBURSED THE DEPARTMENT OF THE ARMY FOR THE OVERPAYMENTS IN QUESTION. THEREFORE, HE SHOULD BE ADVISED THAT UNDER THE ACT HE HAS 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM WITH YOUR DEPARTMENT FOR REFUND OF THE AMOUNT COLLECTED FROM HIM BECAUSE OF THE SALARY OVERPAYMENTS.