B-165908, JUL. 9, 1969
Highlights
IT IS TRUE THAT NUMEROUS ADMINISTRATIVE ERRORS OCCURRED RESULTING IN YOUR RECEIVING ERRONEOUS PAYMENTS OF PAY WHICH DOUBTLESS CAUSED YOU SUBSTANTIAL INCONVENIENCE AND CONCERN. WHICH IS AMPLY SUPPORTED BY THE EVIDENCE OF RECORD. YOU WERE AWARE OF SUCH ERRORS AT THE TIME OR SHORTLY AFTER THE ERRONEOUS PAYMENTS WERE RECEIVED. KNOWING THAT THE PAYMENTS WERE IN ERROR YOU COULD NOT IN EQUITY AND GOOD CONSCIENCE HAVE EXPENDED THE OVERPAYMENTS FOR YOUR PERSONAL USE. YOU SHOULD HAVE HELD SUCH OVERPAYMENTS FOR REFUNDING TO THE GOVERNMENT. IF YOU HAD SO HELD SUCH OVERPAYMENTS THERE WOULD HAVE BEEN NO HARDSHIP ON YOU WHEN THE COLLECTION BY SALARY WITHHOLDING OCCURRED. COLLECTION OF THE ERRONEOUS PAYMENTS WAS.
B-165908, JUL. 9, 1969
TO MR. CARLYLE P. STALLINGS:
WE REFER TO YOUR LETTER OF JUNE 17, 1969, REQUESTING THAT WE RECONSIDER THE ACTION TAKEN IN OUR LETTER OF MARCH 4, 1969, IN DENYING YOUR REQUEST FOR WAIVER OF ERRONEOUS PAYMENTS OF PAY RECEIVED BY YOU WHILE EMPLOYED BY THE DEPARTMENT OF LABOR.
IT IS TRUE THAT NUMEROUS ADMINISTRATIVE ERRORS OCCURRED RESULTING IN YOUR RECEIVING ERRONEOUS PAYMENTS OF PAY WHICH DOUBTLESS CAUSED YOU SUBSTANTIAL INCONVENIENCE AND CONCERN. HOWEVER, BY YOUR OWN ADMISSION, WHICH IS AMPLY SUPPORTED BY THE EVIDENCE OF RECORD, YOU WERE AWARE OF SUCH ERRORS AT THE TIME OR SHORTLY AFTER THE ERRONEOUS PAYMENTS WERE RECEIVED. KNOWING THAT THE PAYMENTS WERE IN ERROR YOU COULD NOT IN EQUITY AND GOOD CONSCIENCE HAVE EXPENDED THE OVERPAYMENTS FOR YOUR PERSONAL USE. RATHER, YOU SHOULD HAVE HELD SUCH OVERPAYMENTS FOR REFUNDING TO THE GOVERNMENT. IF YOU HAD SO HELD SUCH OVERPAYMENTS THERE WOULD HAVE BEEN NO HARDSHIP ON YOU WHEN THE COLLECTION BY SALARY WITHHOLDING OCCURRED. THUS, UNDER THE CIRCUMSTANCES OF YOUR CASE, COLLECTION OF THE ERRONEOUS PAYMENTS WAS, IN OUR JUDGMENT, CONSISTENT WITH EQUITY AND GOOD CONSCIENCE AND IN THE BEST INTEREST OF THE UNITED STATES.
ACCORDINGLY, UPON RECONSIDERATION, WE SUSTAIN OUR PRIOR DETERMINATION THAT WAIVER OF THE ERRONEOUS PAYMENTS RECEIVED BY YOU WOULD NOT BE APPROPRIATE UNDER PUBLIC LAW 90-616.