B-146869, APR. 7, 1969

B-146869, APR. 7, 1969

TO MR. SECRETARY:

WE REFER TO LETTER OF MARCH 20, 1969, FROM YOUR ASSISTANT SECRETARY REQUESTING THAT WE GIVE CONSIDERATION TO WAIVING CERTAIN ERRONEOUS PAYMENTS OF LIVING QUARTERS ALLOWANCES MADE TO A NUMBER OF CIVILIAN EMPLOYEES OF THE AIR FORCE BY THE AIR FORCE ACCOUNTING AND FINANCE OFFICER AT TACHIKAWA AIR BASE, JAPAN, DURING THE PERIOD APRIL 2, 1961, THROUGH APRIL 13, 1963. YOUR ASSISTANT SECRETARY RECOMMENDS THAT THE WAIVERS BE EFFECTED IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN PUBLIC LAW 90-616, APPROVED OCTOBER 21, 1968.

ON APRIL 2, 1969, WE RENDERED A DECISION UPON A SIMILAR QUESTION TO THE SECRETARY OF COMMERCE IN WHICH WE CONCLUDED THAT ERRONEOUS PAYMENTS OF LIVING QUARTERS ALLOWANCES DID NOT CONSTITUTE ERRONEOUS PAYMENTS OF PAY AND THAT THEREFORE NO AUTHORITY EXISTS UNDER PUBLIC LAW 90-616 FOR WAIVING ERRONEOUS PAYMENTS OF LIVING QUARTERS ALLOWANCES. A COPY OF THAT DECISION IS ENCLOSED.

IN LINE WITH THAT DECISION WE MUST CONCLUDE THAT ENACTMENT OF THE LEGISLATION WOULD BE REQUIRED TO RELIEVE THE EMPLOYEES INVOLVED OF THEIR INDEBTEDNESSES. IN SUCH CONNECTION WE INVITE ATTENTION TO H.R. 7363, 91ST CONGRESS WHICH, AMONG OTHER THINGS, WOULD AUTHORIZE THE WAIVER OF CLAIMS OF THE GOVERNMENT AGAINST CIVILIAN EMPLOYEES OF THE MILITARY DEPARTMENTS WHO RECEIVED ERRONEOUS PAYMENTS OF PAY OR ALLOWANCES.