B-163035, JAN. 3, 1969

B-163035, JAN. 3, 1969

TO MR. SECRETARY:

WE REFER TO LETTER OF DECEMBER 9, 1968, FROM YOUR DEPUTY ASSISTANT SECRETARY (AUDIT, DATA AUTOMATION AND FINANCE) CONCERNING THE MATTER OF WAIVING THE CLAIM OF THE FEDERAL GOVERNMENT AGAINST MR. FRANK SCHMITT, AN EMPLOYEE OF THE AIR FORCE AT MCGUIRE AIR FORCE BASE, NEW JERSEY, WHO RECEIVED ERRONEOUS PAYMENTS OF PAY DUE TO HIS BEING PLACED IN AN INAPPROPRIATE PAY RATE INCIDENT TO HIS TRANSFER FROM A PREVAILING RATE POSITION TO A CLASSIFICATION ACT POSITION IN NOVEMBER 1965.

YOUR DEPUTY ASSISTANT SECRETARY'S LETTER POINTS OUT THAT THERE IS NO INDICATION OF FRAUD, MISREPRESENTATION, FAULT OR LACK OF GOOD FAITH ON THE PART OF MR. SCHMITT OR ANY OTHER PERSON HAVING AN INTEREST IN OBTAINING A WAIVER OF THE CLAIM. AFTER REVIEW OF THE INFORMATION OF RECORD BEFORE THIS OFFICE AND HAVING REGARD FOR THE INFORMATION APPEARING IN YOUR DEPARTMENT'S LETTER OF DECEMBER 9, IT HAS BEEN DETERMINED THAT IT IS APPROPRIATE TO WAIVE THE CLAIM AGAINST MR. SCHMITT IN ACCORDANCE WITH THE PROVISIONS OF PUBLIC LAW 90-616 APPROVED OCTOBER 21, 1968, AND SUCH CLAIM HEREBY IS WAIVED. WE ASSUME YOU WILL ADVISE MR. SCHMITT ACCORDINGLY.

WE UNDERSTAND THAT MR. SCHMITT HAS PAID BACK NO PART OF THE AMOUNT OF THE ERRONEOUS PAYMENTS AND THAT THEREFORE NO REFUND WOULD BE PAYABLE UNDER PUBLIC LAW 90-616. IF SUCH IS NOT THE CASE IT IS REQUESTED THAT YOU ALSO ADVISE HIM THAT HE HAS 2 YEARS FROM THE DATE OF THIS LETTER WITHIN WHICH HE MAY FILE WITH YOUR DEPARTMENT A CLAIM FOR REFUND OF ANY AMOUNTS PAID BY HIM OR COLLECTED FROM HIM IN LIQUIDATION OF THE INDEBTEDNESS.