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B-186262 1 (1976-06-28)

handle is hein.gao/gaobaddcn0001 and id is 1 raw text is: I E.R 7, 4 THE COMPTROLL.ER GENERAL DIECISION . OF THE UNITED SATES WASHINGTON, D.C. 20548 JUN 2 P 1978 FILE: - 2DATE: B-186262 MATTER OF: James H. Schroeder--Request for waiver of overpayment of basic compensation. DIGEST: Wage Grade employee receiving $7.45 per hour, including overseas differential, while stationed on Guam transferred to Norfolk, Virginia. His pay was incorrectly established at that rate on basis of information in travel orders since his official personnel jacket had not arrived. When employee questioned rate of pay he was advised of saved pay provision, and relied on information given him. Amount of $536. 82 is waived since employee, who had no special knowledge of personnel law, reasonably relied on information provided him. However, $188.88 may not be waived since it represents amounts paid him after he was advised that he had been overpaid. This action is in response to a request by Mr. James H. Schroeder for reconsideration of the determination of our Transportation and Claims Division (now Claims Division) denying his request for waiver under 5 U. S. C. $ 5584 (1970), of an erroneous payment of compensation. Mr. Schroeder was an Instrument Mechanic (Electronic), WG-12, rate of pay, $7.45 per hour, stationed on Guam. Effective June P, 1974, he exercised his return rights from overseas employment, and was transferred to the Naval Air Rework Facility, Norfolk, Virginia, In establishing his rate of pay at his new duty station, the Civilian Personnel Office was required to rely on his travel orders since his official personnel jacket had not been receiveI. Ie was advised by the Civilian Personnel Office that he was entitled to saved pay and would continue to receive $7.45 per hour. Mr. Schroeder ques- tioned this amount but stated that he was unfamilirar with current saved pay regulations. However, he relied cr the information provided. Having heard nothing fromn the Civilian Personnel Office and still at the $7.45 rate of pay, he again in early September 1974 visited the Personnel Office and his personnel jacket was inspected at that time. The $7. 45 was found to include overseas differential and his hourly rate was reduced to $5. 92 effective September 9, 1974. Mr. Schroeder disagreed with this rate and correspondence with Guam resulted in a determination that Mr. Schroeder was entitled to $6.06 per hour at the time of his transfer and that rate was increased to $6.39 per hour effective July 21, 1974. On or about September 26, 1974, he was advised that he had been overpaid a total of $725.50.

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