B-175449, JUN 1, 1972
Highlights
THAT HE WAS NOT OTHERWISE AT FAULT. THE FACTS IN YOUR CASE ARE SET FORTH IN OUR CLAIMS DIVISION LETTER OF JUNE 24. ARE REPEATED HERE ONLY TO THE EXTENT NECESSARY FOR REVIEW OF YOUR REQUEST. YOU WERE ERRONEOUSLY OVERPAID INCIDENT TO THE EMERGENCY TERMINATION OF YOUR SERVICE IN KHARTOUM. YOUR PAYCHECKS WERE MAILED TO YOUR BANK BUT. NO BALANCING OF YOUR BANK STATEMENTS IN FACT WAS POSSIBLE PRIOR TO MAY 1968. YOU WERE UNAWARE OF THE OVERPAYMENT UNTIL JANUARY 1968 WHEN YOU WERE SO NOTIFIED BY YOUR AGENCY. YOU WERE NOT OTHERWISE AT FAULT AND SINCE THERE WAS NO WAY YOU COULD HAVE BEEN AWARE OF THE OVERPAYMENT PRIOR TO ACTUAL NOTIFICATION THEREOF. A COPY OF THIS LETTER IS BEING FURNISHED THE COMMANDING GENERAL.
B-175449, JUN 1, 1972
CIVILIAN EMPLOYEE - MISTAKE IN PAY - WAIVER DECISION ALLOWING WAIVER UNDER 5 U.S.C. 5584 OF ERRONEOUS OVERPAYMENTS OF PAY MADE TO CHARLES R. RYON, SR; INCIDENT TO THE EMERGENCY TERMINATION OF HIS SERVICES IN KHARTOUM, SUDAN, IN AUGUST 1967. SINCE THE RECORD SHOWS THAT CLAIMANT HAD NO WAY OF DISCOVERING THE ERROR IN PAY PRIOR TO NOTIFICATION BY THE AGENCY, AND THAT HE WAS NOT OTHERWISE AT FAULT, THE ERRONEOUS PAYMENTS MAY BE
TO MR. CHARLES R. RYON, SR.:
WE REFER FURTHER TO YOUR LETTER OF JANUARY 4, 1972, WHEREIN YOU ASK FOR A REVIEW OF THE DENIAL OF YOUR REQUEST FOR WAIVER CONSIDERATION UNDER 5 U.S.C. 5584 OF AN ERRONEOUS PAYMENT.
THE FACTS IN YOUR CASE ARE SET FORTH IN OUR CLAIMS DIVISION LETTER OF JUNE 24, 1970, AND ARE REPEATED HERE ONLY TO THE EXTENT NECESSARY FOR REVIEW OF YOUR REQUEST. YOU WERE ERRONEOUSLY OVERPAID INCIDENT TO THE EMERGENCY TERMINATION OF YOUR SERVICE IN KHARTOUM, SUDAN, DURING AUGUST 1967 AND YOUR RETURN TO LOUISVILLE, KENTUCKY. YOUR PAYCHECKS WERE MAILED TO YOUR BANK BUT, DUE TO DELAYS IN MAIL SERVICE AND YOUR TRAVEL MOVEMENTS RELATED TO TEMPORARY DUTY ASSIGNMENTS TO THE FAR EAST, NO BALANCING OF YOUR BANK STATEMENTS IN FACT WAS POSSIBLE PRIOR TO MAY 1968.
CONSEQUENTLY, YOU WERE UNAWARE OF THE OVERPAYMENT UNTIL JANUARY 1968 WHEN YOU WERE SO NOTIFIED BY YOUR AGENCY. AS THE RECORD STATES, YOU WERE NOT OTHERWISE AT FAULT AND SINCE THERE WAS NO WAY YOU COULD HAVE BEEN AWARE OF THE OVERPAYMENT PRIOR TO ACTUAL NOTIFICATION THEREOF, WE HEREBY WAIVE THE CLAIM OF THE UNITED STATES AGAINST YOU IN THE AMOUNT OF $695.64.
A COPY OF THIS LETTER IS BEING FURNISHED THE COMMANDING GENERAL, FINANCE CENTER, U.S. ARMY, AUTHORIZING HIM TO REFUND TO YOU ANY AMOUNTS COLLECTED IN THE MATTER.