B-176284, SEP 18, 1972

B-176284: Sep 18, 1972

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SINCE THERE IS NO INDICATION THAT THE EMPLOYEE WOULD REASONABLY HAVE NOTICE OF THE OVERPAYMENT. THE ERRORS RESULTING IN THE OVERPAYMENT OCCURRED WHEN EMPLOYEE'S POSITION WAS CONVERTED TO A NEW PAY SYSTEM. THERE IS NO FAULT ON EMPLOYEE'S PART AND HE IS ENTITLED TO FULL WAIVER OF THE OVERPAYMENT UNDER 5 U.S.C. 5584. MCNARY: THIS IS IN REFERENCE TO YOUR LETTER OF MAY 10. OF WHICH $283.30 WAS WAIVED. THE BASIS FOR THE ACTION DENYING FULL WAIVER WAS SET FORTH IN OUR LETTER OF FEBRUARY 16. NO FURTHER DISCUSSION OF THE CIRCUMSTANCES LEADING TO THIS SERIES OF OVERPAYMENTS IS NECESSARY IN VIEW OF THE WAIVER OF THAT AMOUNT. YOUR APPEAL IS DIRECTED TO THE DENIAL OF WAIVER OF THE AMOUNT OF $769.98.

B-176284, SEP 18, 1972

CIVILIAN PERSONNEL - OVERPAYMENT - WAIVER DECISION ALLOWING FULL WAIVER OF AMOUNTS ERRONEOUSLY OVERPAID TO MARVIN C. MCNARY. SINCE THERE IS NO INDICATION THAT THE EMPLOYEE WOULD REASONABLY HAVE NOTICE OF THE OVERPAYMENT, AND THE ERRORS RESULTING IN THE OVERPAYMENT OCCURRED WHEN EMPLOYEE'S POSITION WAS CONVERTED TO A NEW PAY SYSTEM, THERE IS NO FAULT ON EMPLOYEE'S PART AND HE IS ENTITLED TO FULL WAIVER OF THE OVERPAYMENT UNDER 5 U.S.C. 5584.

TO MR. MARVIN C. MCNARY:

THIS IS IN REFERENCE TO YOUR LETTER OF MAY 10, 1972, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF THE FEBRUARY 16, 1972 ACTION OF OUR OFFICE DENYING FULL WAIVER OF AMOUNTS ERRONEOUSLY OVERPAID TO YOU DURING THE PERIOD DECEMBER 3, 1967, TO FEBRUARY 20, 1971. OVERPAYMENTS TOTALLED $1,053.28, OF WHICH $283.30 WAS WAIVED. THE BASIS FOR THE ACTION DENYING FULL WAIVER WAS SET FORTH IN OUR LETTER OF FEBRUARY 16, 1972, ADDRESSED TO THE COMMANDER, NAVY ACCOUNTING AND FINANCE CENTER, WASHINGTON, D.C.

THE AMOUNT WAIVED, $283.30, REPRESENTED AN ACCUMULATION OF OVERPAYMENTS RESULTING FROM THE ERRONEOUS COMPUTATION OF YOUR DATE OF LAST EQUIVALENT INCREASE DURING THE PERIOD INVOLVED. NO FURTHER DISCUSSION OF THE CIRCUMSTANCES LEADING TO THIS SERIES OF OVERPAYMENTS IS NECESSARY IN VIEW OF THE WAIVER OF THAT AMOUNT.

YOUR APPEAL IS DIRECTED TO THE DENIAL OF WAIVER OF THE AMOUNT OF $769.98. OVERPAYMENTS IN THAT AMOUNT RESULTED FROM AN ADMINISTRATIVE ERROR WHEREBY YOU WERE GIVEN TWO WITHIN-GRADE INCREASES EFFECTIVE DECEMBER 1, 1968, RATHER THAN ONE AS AUTHORIZED BY LAW. THE ERROR OCCURRED IN THE PROCESSING OF STANDARD FORM 50, NOTIFICATION OF PERSONNEL ACTION, ISSUED ON NOVEMBER 4, 1968. YOU STATE THAT YOU HAVE NO RECOLLECTION OF HAVING RECEIVED A COPY OF THAT FORM WHICH SHOWED THAT EFFECTIVE DECEMBER 1, 1968, YOU WOULD RECEIVE A WITHIN-GRADE INCREASE FROM GS-9, STEP 4, TO GS-9, STEP 5, WHEREAS YOUR GRADE AND STEP IMMEDIATELY PREVIOUS TO THAT ACTION WAS GS- 9, STEP 3. ALTHOUGH THAT ERROR RESULTED IN AN INCREASE OF YOUR BIWEEKLY PAY IN THE GROSS AMOUNT OF $21.60, THE RECORD INDICATES THAT DURING THAT PERIOD YOU WERE EARNING OVERTIME AND YOUR PAY FLUCTUATED GREATLY FROM PAY PERIOD TO PAY PERIOD.

IN VIEW OF THE FOREGOING, AND SINCE THE RECORD SHOWS THAT THE SERIES OF ERRORS COMMENCED WHEN YOUR POSITION WAS CONVERTED FROM WAGE BOARD TO GENERAL SCHEDULE, A NEW PAY SYSTEM FOR YOU, IT IS NOW CONCLUDED THAT YOU WERE WITHOUT FAULT IN THE MATTER. ACCORDINGLY, THE BALANCE OF THE OVERPAYMENT, $769.98, IS HEREBY WAIVED AS AUTHORIZED BY 5 U.S.C. 5584.