B-165764, JAN. 17, 1969

B-165764: Jan 17, 1969

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NATALE WAS DEMOTED FROM LEVEL 5. THIS DEMOTION WAS THE RESULT OF A SUCCESSFUL BID BY MR. SINCE HE WAS RETURNED TO HIS FORMER POSITION UNDER SECTION 753.325B OF THE POSTAL MANUAL. HE WAS ONLY ENTITLED TO BE PLACED IN LEVEL 4.

B-165764, JAN. 17, 1969

TO MR. POSTMASTER GENERAL:

WE REFER TO THE INDEBTEDNESS OF MR. MICHAEL A. NATALE IN THE GROSS AMOUNT OF $610.64 (NET $541.70) ARISING FROM OVERPAYMENTS OF SALARY DURING 1966 AND 1967 AS AN EMPLOYEE OF THE POST OFFICE AT NEW CASTLE, PENNSYLVANIA.

THE OVERPAYMENTS RESULTED FROM AN ADMINISTRATIVE ERROR WHEN MR. NATALE WAS DEMOTED FROM LEVEL 5, STEP 8, $6,838 PER ANNUM TO LEVEL 4, STEP 11, $6,891. THIS DEMOTION WAS THE RESULT OF A SUCCESSFUL BID BY MR. NATALE TO A LEVEL 4 PREFERRED ASSIGNMENT POSITION. SINCE HE WAS RETURNED TO HIS FORMER POSITION UNDER SECTION 753.325B OF THE POSTAL MANUAL, HE WAS ONLY ENTITLED TO BE PLACED IN LEVEL 4, STEP 9.

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. NATALE. THE DEPARTMENT SHOULD ADVISE HIM OF OUR ACTION. THE FILE REVEALS THAT AS OF NOVEMBER 15, 1968, MR. NATALE HAD REIMBURSED THE POST OFFICE DEPARTMENT $292 OF THE INDEBTEDNESS. 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 AMOUNTS COLLECTED FROM HIM BECAUSE OF THE SALARY OVERPAYMENTS.