B-165300 L/M, DEC 16, 1968

B-165300 L/M: Dec 16, 1968

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MOORE WAS WAIVED BY OFFICE LETTER OF NOVEMBER 22. CULP WAS THE RESULT OF CLERICAL ERRORS IN COMPUTING PAY AND THAT THERE IS NO EVIDENCE OF FRAUD.

B-165300 L/M, DEC 16, 1968

PRECIS-UNAVAILABLE

SECRETARY OF THE INTERIOR:

WE REFER TO LETTER OF DECEMBER 2, 1968, FROM YOUR DEPUTY ASSISTANT SECRETARY FOR ADMINISTRATION REQUESTING THAT OUR OFFICE WAIVE THE INDEBTEDNESS OF MR. CARSON W. CULP FOR ERRONEOUS PAYMENTS OF PAY IN THE AMOUNT OF $1,515.20 WHICH HAS BEEN REPAID BY MR. CULP. THE LETTER POINTS OUT THAT THE INDEBTEDNESS IN QUESTION AROSE UNDER CIRCUMSTANCES EXACTLY THE SAME AS THOSE PRESENT IN THE CASE OF MR. CHARLES L. MOORE.

THE INDEBTEDNESS OF MR. MOORE WAS WAIVED BY OFFICE LETTER OF NOVEMBER 22, 1968, B-165300, TO WHICH YOUR DEPUTY ASSISTANT SECRETARY REFERS. YOUR DEPUTY ASSISTANT SECRETARY POINTS OUT FURTHER THAT THE INDEBTEDNESS OF MR. CULP WAS THE RESULT OF CLERICAL ERRORS IN COMPUTING PAY AND THAT THERE IS NO EVIDENCE OF FRAUD, MISREPRESENTATION, FAULT, OR LACK OF GOOD FAITH ON THE PART OF THE EMPLOYEE OR ANY OTHER PERSON HAVING AN INTEREST IN OBTAINING A WAIVER OF THE CLAIM. WHILE THE RECORD DOES NOT SPECIFICALLY SO STATE, WE ASSUME FROM THE REQUEST FOR WAIVER THAT THE INDEBTEDNESS AROSE FROM ERRONEOUS PAYMENTS ON OR AFTER JULY 1, 1960.

ACCORDINGLY, IN LINE WITH THE ACTION TAKEN IN MR. MOORE'S CASE WE HEREBY WAIVE THE OVERPAYMENT OF PAY MADE TO MR. CARSON W. CULP. THE DEPARTMENT SHOULD ADVISE MR. CULP OF THE WAIVER AND THE FACT THAT UNDER PUBLIC LAW 90 -616, APPROVED OCTOBER 21, 1968, HE HAS 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM FOR REFUND OF THE AMOUNTS COLLECTED FROM HIM IN LIQUIDATION OF THE SAID INDEBTEDNESS.

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