B-177007, NOV 1, 1972
Highlights
CONSTAN: THIS IS IN REFERENCE TO YOUR LETTER OF AUGUST 9. 509.84 WAS WAIVED. WAS THAT OVERPAYMENTS ACCUMULATING TO THAT AMOUNT ACCRUED AFTER YOU WERE AWARE OF THE POSSIBILITY OF AN OVERPAYMENT. IT WAS THEREFORE CONCLUDED THAT YOU COULD NOT IN GOOD CONSCIENCE AND EQUITY HAVE CONSIDERED THE PAYMENTS TO HAVE BEEN YOURS. THE PROPRIETY OF THE APPOINTMENT WAS ADMINISTRATIVELY QUESTIONED IN DECEMBER 1969 BUT RATHER THAN CORRECT THE ACTION. A SERIES OF CORRESPONDENCE DEVELOPED WITH THE CIVIL SERVICE COMMISSION BUT TO NO AVAIL AND IT WAS FINALLY DETERMINED THAT NO BASIS EXISTED FOR PLACING YOU ABOVE GRADE GS-7. YOU WERE HELD TO HAVE BEEN OVERPAID $2. YOU STATE THAT YOU WERE NOT INFORMED OF AN IRREGULARITY OF ANY KIND UNTIL THE LAST WEEK OF DECEMBER 1969 AND THEN YOU WERE ONLY ADVISED THAT A QUESTION HAD ARISEN.
B-177007, NOV 1, 1972
CIVILIAN EMPLOYEE - ERRONEOUS APPOINTMENT - WAIVER OF OVERPAYMENT DECISION AUTHORIZING FULL WAIVER OF AMOUNTS ERRONEOUSLY OVERPAID TO NICHOLAS G. CONSTAN, AN EMPLOYEE OF THE CORPS OF ENGINEERS, DURING THE PERIOD FEBRUARY 19, 1969, THROUGH APRIL 18, 1970. SINCE THE ADMINISTRATIVE OFFICE DID NOT TAKE IMMEDIATE ACTION TO CORRECT CLAIMANT'S ERRONEOUS APPOINTMENT AS A GS-7, STEP 9, AND SINCE THE AGENCY CONTINUED PAYING HIM AT THE INCORRECT RATE, AND LED HIM TO BELIEVE THAT HE WOULD BE ENTITLED TO THE HIGHER SALARY, THE BALANCE OF THE OVERPAYMENT MAY BE WAIVED UNDER 5 U.S.C. 5584.
TO MR. NICHOLAS G. CONSTAN:
THIS IS IN REFERENCE TO YOUR LETTER OF AUGUST 9, 1972, WITH ENCLOSURES, AND LETTER OF SEPTEMBER 15, 1972, REQUESTING RECONSIDERATION OF THE JULY 18, 1972 ACTION OF OUR OFFICE DENYING FULL WAIVER OF AMOUNTS ERRONEOUSLY OVERPAID TO YOU DURING THE PERIOD FEBRUARY 19, 1969, THROUGH APRIL 18, 1970. THE OVERPAYMENTS TOTALED $2,373.70, OF WHICH $1,509.84 WAS WAIVED. THE BASIS FOR DENYING WAIVER OF THE BALANCE, $863.86, AS SET FORTH IN OUR LETTER OF JULY 18, 1972, TO THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, WASHINGTON, D. C., WAS THAT OVERPAYMENTS ACCUMULATING TO THAT AMOUNT ACCRUED AFTER YOU WERE AWARE OF THE POSSIBILITY OF AN OVERPAYMENT. IT WAS THEREFORE CONCLUDED THAT YOU COULD NOT IN GOOD CONSCIENCE AND EQUITY HAVE CONSIDERED THE PAYMENTS TO HAVE BEEN YOURS.
THE OVERPAYMENTS RESULTED FROM AN ADMINISTRATIVE ERROR IN PLACING YOU IN GRADE GS-7, STEP 9, UPON YOUR APPOINTMENT WITH THE DEPARTMENT OF THE ARMY. THE PROPRIETY OF THE APPOINTMENT WAS ADMINISTRATIVELY QUESTIONED IN DECEMBER 1969 BUT RATHER THAN CORRECT THE ACTION, APPARENTLY BECAUSE OF DOUBT IN THE MATTER, THE ADMINISTRATIVE OFFICE SOUGHT TO PERFECT THE APPOINTMENT. A SERIES OF CORRESPONDENCE DEVELOPED WITH THE CIVIL SERVICE COMMISSION BUT TO NO AVAIL AND IT WAS FINALLY DETERMINED THAT NO BASIS EXISTED FOR PLACING YOU ABOVE GRADE GS-7, STEP 1. AS A RESULT OF A RETROACTIVE CORRECTION FROM THE PAY PERIOD ENDING APRIL 18, 1970, YOU WERE HELD TO HAVE BEEN OVERPAID $2,373.70.
IN YOUR LETTER OF SEPTEMBER 15, 1972, YOU STATE THAT YOU WERE NOT INFORMED OF AN IRREGULARITY OF ANY KIND UNTIL THE LAST WEEK OF DECEMBER 1969 AND THEN YOU WERE ONLY ADVISED THAT A QUESTION HAD ARISEN. YOU FURTHER STATE THAT NO MENTION WAS EVER MADE OF THE POSSIBILITY OF YOUR HAVING TO REFUND PAST SALARY AND FURTHERMORE THAT THE ADMINISTRATIVE OFFICE EXPECTED A FAVORABLE SOLUTION. THE ADMINISTRATIVE OFFICE HAS RECOMMENDED THAT THE ENTIRE AMOUNT BE WAIVED.
UPON RECONSIDERATION OF THE MATTER ON THE BASIS OF THE FOREGOING, AND SINCE THE ADMINISTRATIVE OFFICE DID NOT TAKE IMMEDIATE ACTION TO CORRECT YOUR APPOINTMENT BUT INSTEAD CONTINUED PAYING YOU AT THE INCORRECT RATE, AND SINCE YOU WERE LED TO BELIEVE THAT YOU WOULD BE ENTITLED TO THAT SALARY, THE BALANCE OF THE OVERPAYMENT, $863.86, IS HEREBY WAIVED UNDER AUTHORITY OF 5 U.S.C. 5584.