B-168738, FEB. 24, 1970

B-168738: Feb 24, 1970

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ADVISING YOU THAT WE WERE RECONSIDERING THE MATTER. WHICH DENIED YOUR REQUEST FOR WAIVER WILL BE REPEATED HERE ONLY TO THE EXTENT NECESSARY TO AFFORD RECONSIDERATION OF THAT ACTION. YOU DID RECEIVE A PERSONNEL ACTION FORM WHICH STATED YOU WERE ENTITLED TO RECEIVE THE SAVED SALARY RATE FOR A PERIOD OF TWO YEARS IN ACCORD WITH THE ASSISTANT SECRETARY OF DEFENSE MEMORANDUM OF MARCH 15. YOU HAVE NOT BEEN ABLE TO IDENTIFY THE SOURCE OF THAT INFORMATION. THERE ARE NO FACTS OR CIRCUMSTANCES OTHER THAN THE ABOVE MENTIONED MISINFORMATION WHICH WOULD INDICATE THAT THE COLLECTION OF THE AMOUNT OVERPAID WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE AND NOT IN THE BEST INTERESTS OF THE UNITED STATES. AS TO YOUR REQUEST FOR AN INFORMAL CONFERENCE OR A FORMAL HEARING YOU MAY BE ADVISED THAT OUR WAIVER AUTHORITY UNDER THE STATUTE IS BASED ON THE WRITTEN RECORD.

B-168738, FEB. 24, 1970

CIVIL PAY--OVERPAYMENT OF SAVED PAY--DEBT WAIVER DECISION TO CLAIMANT HOLDING THAT CONTINUATION OF SAVED PAY RATE BY EMPLOYEE SOME 6 MONTHS AFTER EXPIRATION OF AUTHORIZED SAVED PAY DOES NOT AFFORD BASIS FOR WAIVER UNDER PUBLIC LAW 90-616, 5 U.S.C. 5584.

TO MR. MILTON D. SLASEMAN:

WE REFER FURTHER TO YOUR LETTER OF OCTOBER 23, 1969, CONCERNING YOUR REQUEST FOR WAIVER OF YOUR INDEBTEDNESS IN THE AMOUNT OF $744.48 ARISING FROM AN OVERPAYMENT IN PAY AS AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY. WE HAD WRITTEN TO YOU ON DECEMBER 30, 1969, IN CARE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA IN WASHINGTON, D.C; ADVISING YOU THAT WE WERE RECONSIDERING THE MATTER. YOUR INQUIRY OF JANUARY 23, 1970, INDICATES THAT YOU DID NOT RECEIVE OUR LETTER.

THE DATA SET FORTH IN OUR LETTER OF AUGUST 12, 1969, WHICH DENIED YOUR REQUEST FOR WAIVER WILL BE REPEATED HERE ONLY TO THE EXTENT NECESSARY TO AFFORD RECONSIDERATION OF THAT ACTION.

AS THE RECORD SHOWS, THE ERRONEOUS PAYMENTS MADE TO YOU RESULTED FROM A CONTINUATION OF "SAVED PAY" BEYOND THE AUTHORIZED PERIOD OF TWO YEARS. YOUR PERIOD OF AUTHORIZED SAVED PAY EXPIRED ON SEPTEMBER 20, 1967; HOWEVER, YOU CONTINUED TO RECEIVE THIS HIGHER RATE OF PAY UNTIL MARCH 23, 1968.

AT THE TIME OF YOUR DOWNGRADING ON SEPTEMBER 21, 1965, YOU DID RECEIVE A PERSONNEL ACTION FORM WHICH STATED YOU WERE ENTITLED TO RECEIVE THE SAVED SALARY RATE FOR A PERIOD OF TWO YEARS IN ACCORD WITH THE ASSISTANT SECRETARY OF DEFENSE MEMORANDUM OF MARCH 15, 1965. ALTHOUGH YOU SAY YOU RECEIVED MISINFORMATION TO THE EFFECT THAT THE TWO-YEAR LIMITATION ON SAVED PAY DID NOT APPLY TO YOU, YOU HAVE NOT BEEN ABLE TO IDENTIFY THE SOURCE OF THAT INFORMATION. IN THE ABSENCE OF CORROBORATION OF YOUR UNSUPPORTED STATEMENT WE CAN ONLY ACT UPON THE FACT THAT YOU HAD OFFICIAL NOTICE OF THE DURATION OF THE SAVED RATE. THERE ARE NO FACTS OR CIRCUMSTANCES OTHER THAN THE ABOVE MENTIONED MISINFORMATION WHICH WOULD INDICATE THAT THE COLLECTION OF THE AMOUNT OVERPAID WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE AND NOT IN THE BEST INTERESTS OF THE UNITED STATES.

ACCORDINGLY, UPON THE BASIS OF THE FACTS NOW BEFORE US, WE CAN ONLY SUSTAIN THE DETERMINATION OF AUGUST 12, 1969, THAT WAIVER OF THE ERRONEOUS PAYMENTS RECEIVED BY YOU WOULD NOT BE APPROPRIATE UNDER PUBLIC LAW 90- 616.

AS TO YOUR REQUEST FOR AN INFORMAL CONFERENCE OR A FORMAL HEARING YOU MAY BE ADVISED THAT OUR WAIVER AUTHORITY UNDER THE STATUTE IS BASED ON THE WRITTEN RECORD. HOWEVER, WE ARE AVAILABLE AT ANYTIME TO DISCUSS THE MATTER. ONE OF OUR ATTORNEYS, MR. DONALD L. GLOSS, CODE 129, EXTENSION 3291, MAY BE CONTACTED FOR THAT PURPOSE IF DESIRED.