B-172073, AUG 5, 1971

B-172073: Aug 5, 1971

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BURGE WAS NOT REASONABLY AWARE OF THE FACT THAT HE HAD RECEIVED DUAL COMPENSATION. COLLECTION IS WAIVED. JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12. ARE AS FOLLOWS: "THE RECORD SHOWS THAT MR. BURGE WAS EMPLOYED BY THE ARMY MAP SERVICE. SALARY PAYMENTS WERE MADE TO HIM BY THE DEPARTMENT OF STATE. THE PROJECT IN THE SUDAN WAS CANCELLED IN AUGUST 1967 AND THE PAYROLL OFFICE WAS MOVED TO PARIS. BURGE'S SERVICES AT KHARTOUM WERE TERMINATED EFFECTIVE AUGUST 19. HE WAS REASSIGNED TO THE ARMY MAP SERVICE IN LOUISVILLE. IN SEPTEMBER 1967 IT WAS ADMINSTRATIVELY DISCOVERED THAT ALTHOUGH MR. BURGE WAS BEING PAID BY THE ARMY MAP SERVICE. IT IS REPORTED THAT DUE TO THE EMPLOYEE'S SUDDEN EVACUATION FROM KHARTOUM AND TRANSFER TO THE ARMY MAP SERVICE.

B-172073, AUG 5, 1971

CIVILIAN EMPLOYEE - DUAL COMPENSATION DECISION UPON REVIEW WAIVING COLLECTION OF $570.00 ERRONEOUSLY PAID AS DUAL COMPENSATION TO MR. WILLIAM N. BURGE, JR., EMPLOYEE OF THE ARMY MAP SERVICE, WHILE ASSIGNED TO DUTY STATION IN KHARTOUM, SUDAN, WITH SALARY PAID BY DEPARTMENT OF STATE. SINCE MR. BURGE WAS NOT REASONABLY AWARE OF THE FACT THAT HE HAD RECEIVED DUAL COMPENSATION, AS SHOWN BY INFORMATION SUPPLIED BY HIM, COLLECTION IS WAIVED.

TO MR. WILLIAM N. BURGE, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1971, IN WHICH YOU REQUEST REVIEW OF THE DENIAL OF YOUR CLAIM FOR WAIVER OF OVERPAYMENT OF PAY IN THE GROSS AMOUNT OF $570 BY SETTLEMENT OF THIS OFFICE DATED AUGUST 17, 1970.

THE FACTS AND CIRCUMSTANCES SURROUNDING THE OVERPAYMENT AS SET FORTH IN OUR CLAIMS DIVISION LETTER REFERRED TO ABOVE AND ADDRESSED TO THE COMMANDING GENERAL, FINANCE CENTER, DEPARTMENT OF THE ARMY, ARE AS FOLLOWS:

"THE RECORD SHOWS THAT MR. BURGE WAS EMPLOYED BY THE ARMY MAP SERVICE, CARTOGRAPHIC SURVEY PROJECT, AND ASSIGNED TO DUTY IN KHARTOUM, SUDAN. SALARY PAYMENTS WERE MADE TO HIM BY THE DEPARTMENT OF STATE. DUE TO EMERGENCY CONDITIONS ARISING IN THE AREA THE DEPARTMENT OF STATE EVACUATED MR. BURGE FROM KHARTOUM IN JUNE 1967. THE PROJECT IN THE SUDAN WAS CANCELLED IN AUGUST 1967 AND THE PAYROLL OFFICE WAS MOVED TO PARIS, FRANCE. MR. BURGE'S SERVICES AT KHARTOUM WERE TERMINATED EFFECTIVE AUGUST 19, 1967, AND HE WAS REASSIGNED TO THE ARMY MAP SERVICE IN LOUISVILLE, EFFECTIVE AUGUST 20. IN SEPTEMBER 1967 IT WAS ADMINSTRATIVELY DISCOVERED THAT ALTHOUGH MR. BURGE WAS BEING PAID BY THE ARMY MAP SERVICE, THE DEPARTMENT OF STATE CONINUED TO MAIL SALARY CHECKS TO MR. BURGE'S BANK FOR THE PERIOD FROM AUGUST 20 TO SEPTEMBER 9, 1967, THUS RESULTING IN RECEIPT OF DUAL COMPENSATION IN THE GROSS AMOUNT OF $570.00. IT IS REPORTED THAT DUE TO THE EMPLOYEE'S SUDDEN EVACUATION FROM KHARTOUM AND TRANSFER TO THE ARMY MAP SERVICE, STANDARD FORM 50 INDICATING HIS EFFECTIVE DATE OF SEPARATION AND EFFECTIVE DATE OF REINSTATEMENT WAS NOT FORWARDED BY THE DEPARTMENT OF STATE TO THE FINANCE CENTER IN PARIS, FRANCE, IN SUFFICIENT TIME TO PRECLUDE THE ERRONEOUS PAYMENTS.

"MR. BURGE STATED THAT HE COULD NOT ASCERTAIN FROM AN EXAMINATION OF HIS BANK STATEMENT FOR SEPTEMBER 1967 THAT HE WAS NOT ENTITLED TO RECEIPT OF THE SALARY CHECKS."

IN YOUR RECENT LETTER, YOU STATE THAT YOU BELIEVE OUR PRIOR DETERMINATION WAS BASED UPON INFORMATION THAT WAS NOT FACTUALLY CORRECT. YOU STATE, BY WAY OF CLARIFICATION, THAT YOU WERE NOT EVACUATED FROM KHARTOUM, SUDAN, BY THE DEPARTMENT OF STATE BUT THAT YOU AND YOUR FAMILY DEPARTED KHARTOUM ON JUNE 4, 1967, ON HOME LEAVE WITH ORDERS TO RETURN. YOU STATE THAT AT THE TIME THE AMERICANS WERE EVACUATED FROM KHARTOUM TO NAIROBI, KENYA, ON JUNE 11, 1967, YOU AND YOUR FAMILY WERE IN THE UNITED STATES. YOU FURTHER REPORT THAT YOUR SEPTEMBER 1967 BANK STATEMENT DID NOT REACH YOU UNTIL APPROXIMATELY 5 MONTHS AFTER IT WAS ISSUED AND THAT SUCH DELAY WAS CAUSED BY THE FORWARDING OF THE DEPOSIT RECEIPTS BY YOUR BANK TO THE SUDAN BY DEPARTMENT OF STATE SEA POUCH AS WAS DONE DURING THE PREVIOUS 2 YEARS. ALSO, YOU SAY THAT IT WAS NOT A QUESTION OF YOUR HAVING REASON TO BELIEVE THAT YOU WERE ENTITLED TO PAY FROM BOTH THE DEPARTMENT OF STATE AND THE ARMY MAP SERVICE BUT RATHER TO THE FACT OF NOT KNOWING WHAT PAY PERIODS WERE COVERED WHEN YOU DID RECEIVE THE SEPTEMBER BANK STATEMENT WHICH WAS AFTER NOTIFICATION OF OVERPAYMENT (FEBRUARY 7, 1968).

IN VIEW OF THE ADDITIONAL FACTS SET FORTH IN YOUR LETTER AS WELL AS THE OTHER FACTS OF RECORD, IT IS NOW OUR OPINION THAT YOU COULD NOT HAVE REASONABLY BEEN AWARE OF ANY DUAL PAYMENT AT THE TIME IT OCCURRED. VIEW THEREOF, AND AS IT DOES NOT APPEAR THAT YOU WERE OTHERWISE AT FAULT IN THE MATTER, WE HEREBY WAIVE COLLECTION OF THE ERRONEOUS PAYMENT OF $570.

A COPY OF THIS LETTER IS BEING FURNISHED TO THE COMMANDING GENERAL, FINANCE CENTER, U. S. ARMY, AUTHORIZING HIM TO REFUND TO YOU ANY AMOUNTS COLLECTED IN THE MATTER.