Matter of: James A. Moule - Reconsideration File: B-253967.2 Date: July 5, 1994

Matter of: James A. Moule - Reconsideration File: B-253967.2 Date: July 5, 1994

DIGEST

DECISION

This decision is in response to correspondence from the Fiscal Officer at the Carl T. Hayden Medical Center, Department of Veterans Affairs,[1] who, on behalf of Mr. James A. Moule, is appealing our decision B-253967, Nov. 30, 1993, based on amended facts. We hereby reverse the decision and grant waiver for the following reasons.

In our earlier decision, the information provided this Office showed that Mr. Moule was issued a Notification of Personnel Action (SF-50) dated October 5, 1990, notifying him that he was entitled to a merit pay increase effective October 7, 1990, but that another SF-50, also issued to him on October 7, 1990, rescinded the pay increase and contained the express statement that he was not entitled to the increased pay. Since he continued to receive the increased pay thereafter, we denied waiver because he had reason to question the erroneous increase.

The agency has now informed us that the earlier information was inaccurate and recommends that waiver be granted to Mr. Moule. According to the agency, even though the rescinding SF-50 indicated that it was signed by the personnel officer on October 7, 1990, that was not the
case. The personnel officer who signed it was not employed at the medical
center until June 1991, and the rescinding action did not occur until
August 1991, after the error was discovered in late July 1991.

We find no other reason to conclude that Mr. Moule knew or should have
known that he was being overpaid. There is nothing to show that he had
knowledge of the details of the merit pay system or any reason to
question the erroneous pay increase.

In view of this new information and the fact that there is nothing else
of record to impute knowledge of nonentitlement to Mr. Moule, we hereby
reverse the action taken in our decision B-253967, Nov. 30, 1993, and
grant waiver of his debt due to overpayment of merit pay.

Date: July 5, 1994

To: Director, Claims Group - OGC

From: Acting General Counsel - Robert P. Murphy

Subject: James A. Moule - Waiver of Debt - B-253967.2-O.M.

We are returning Claim File No. Z-2917011 in the case of Mr. James A.
Moule.

Because of amended facts, by decision B-253967.2, dated today, copy
attached, we have overruled our earlier decision B-253967, Nov. 30, 1993,
rendered in Mr. Moule's case, and have now granted waiver of his debt.

Attachments - 2

OGC Form 500(Rev 3/92)

OFFICE OF THE GENERAL COUNSEL
DECISION DISTRIBUTION FORM

SECTION 1: DISTRIBUTION AND PROCESSING INSTRUCTIONS

1. B Number B-253967.2

2. Attorney Riedinger

3. Distribution Class

4. Publication Recommended?

No recommendation

5. Special Instructions:

None
Digest is is not included

6. If Delayed, this document will be available for
___ Days after
issuance
When Notified by
OGC or OCR
SECTION II: INITIAL DISTRIBUTION

Mr. Danny J. Ford
Fiscal Officer
Department of Veterans Affairs
Carl T. Hayden Medical Center
650 East Indian School Road
Phoenix, Arizona 85012

Mr. James A. Moule
736 E. Dreyfus Avenue
Scottsdale, Arizona 85260

Mr. Riedinger, OGC
Room 7870

Ms. Douglas, OGC
Room 7870

Mrs. Barrett, OGC (2 copies)
Room 7870

Director, Claims Group
Room 5047
(with memo and Z-file)

1. Mr. Danny J. Ford (Reference 644/04)