Waiver of Erroneous Overpayment of Travel and Relocation Expenses

B-197121: Jan 23, 1980

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A new appointee to a manpower shortage position was erroneously authorized and reimbursed for travel and relocation expenses instead of travel and transportation expenses, resulting in an overpayment of $2,244.65. A previous decision held that the employee was liable for the amount of the overpayment. The employee appealed the decision and requested a waiver of the payment on the basis of equity and good conscience. It was held that there was no legal authority upon which the debt could be waived, and although it was unfortunate that the employee was misinformed concerning his expenses, the Government cannot be bound beyond the actual authority conferred upon its agents. Furthermore, there was no basis for compromise or termination of collection procedures. Accordingly, the previous determination was sustained and the overpayment was to be recovered.

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