B-151816, JUL. 8, 1963

B-151816, JUL. 8, 1963

TO MR. CARL E. MOYNAHAN:

BY LETTER DATED MAY 25, 1963, YOU REQUESTED RECONSIDERATION OF OUR ACTION OF FEBRUARY 19, 1963, IN WHICH WE DENIED YOU RELIEF FROM THE OBLIGATION TO MAKE REPAYMENT OF FOREIGN POST DIFFERENTIAL ERRONEOUSLY PAID YOU INCIDENT TO YOUR ASSIGNMENT ON OKINAWA. THIS OVERPAYMENT WAS OCCASIONED BY THE FACT THAT THE WITHDRAWAL OF THE APPLICABLE OVERSEAS DIFFERENTIAL ON APRIL 2, 1961, WAS NOT RECEIVED AT THE OVERSEAS INSTALLATION UNTIL JULY 13, 1961. AS A RESULT, YOU WERE ERRONEOUSLY PAID $665.28 FOR OVERSEAS DIFFERENTIAL DURING THE PERIOD APRIL 2 - JULY 15, 1961.

TITLE II OF THE OVERSEAS DIFFERENTIALS AND ALLOWANCES ACT, APPROVED SEPTEMBER 6, 1960, PUB.L. 86-707, 74 STAT. 793, 5 U.S.C. 3033-3038 (SUPP. III), CONSTITUTES AUTHORITY FOR THE GRANT OF POST DIFFERENTIALS AT OVERSEAS POSTS OF ASSIGNMENT. SECTION 2033 OF THAT ACT, CODIFIED AT 5 U.S.C. 3035 (SUPP. III), PROVIDES IN PERTINENT PART AS FOLLOWS:

"THE ALLOWANCES AND DIFFERENTIALS AUTHORIZED BY * * * THIS TITLE SHALL BE PAID IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT ESTABLISHING RULES GOVERNMENT PAYMENTS THEREOF AND THE RESPECTIVE RATES AT WHICH SUCH PAYMENTS SHALL BE MADE * * *.'

PURSUANT TO DELEGATION OF AUTHORITY FROM THE PRESIDENT, THE SECRETARY OF STATE ISSUED THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIAN, FOREIGN AREAS) SETTING FORTH THE DIFFERENTIAL RATES APPLICABLE TO PARTICULAR AREAS. BY LETTER OF APRIL 16, 1961, FROM THE DEPARTMENT OF STATE TO THE HEADS OF THE DEPARTMENTS AND ESTABLISHMENTS (WHICH WE UNDERSTAND WAS CONFIRMATORY OF TELEGRAM DATED APRIL 2, 1961) THE DIFFERENTIAL FOR OKINAWA, WITH THE EXCEPTION OF OKUMA, RYUKYUS, WAS WITHDRAWN. THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATION T/7 SUBSEQUENTLY INCORPORATED THE CHANGE IN SUCH DIFFERENTIAL FOR OKINAWA.

WHILE WE REGRET THE CIRCUMSTANCES UNDER WHICH THE OVERPAYMENT WAS MADE, OUR OFFICE HAS NO AUTHORITY TO RELIEVE YOU OF ANY PART OF YOUR INDEBTEDNESS REGARDLESS OF THE LAXITY OF EMPLOYEES OF THE DEPARTMENT OF THE ARMY IN FAILING TO NOTIFY THE FIELD OFFICE OF THE WITHDRAWAL OF A DIFFERENTIAL FOR THAT PART OF OKINAWA WHERE YOU WERE STATIONED. COLLECTION OF SUCH AN OVERPAYMENT IS PARTICULARLY ONEROUS WHERE, AS HERE, IT RESULTED THROUGH NO FAULT OF THE RECIPIENT. HOWEVER, THE REDUCTION TO ZERO OF THE DIFFERENTIAL RATE INVOLVED WAS BROUGHT ABOUT IN TOTAL COMPLIANCE WITH THE GOVERNING STATUTE.

AS POINTED OUT IN OUR LETTER OF FEBRUARY 19, 1963, THE RECORDS OF OUR OFFICE INDICATE THAT COLLECTION OF THE REMAINDER OF YOUR INDEBTEDNESS WILL BE MADE AT THE RATE OF $10 PER PAY PERIOD. YOU INDICATED IN YOUR LETTER OF MAY 25, 1963, THAT AT SUCH RATE OF COLLECTION YOU CAN MAKE APPROPRIATE FINANCIAL ADJUSTMENTS WITH NO RESULTING HARDSHIP.