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B-188597 1 (1979-01-15)

handle is hein.gao/gaobadguv0001 and id is 1 raw text is: -'p THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, .C. 2 548 FILE: B-188597 DATE: JAN 15 1979 MATTER DIGEST: OF: James D. Belknap - equest for waiver of travel, transportation, and relocation expenses Waiver of certain claims of the United States Government against a person aris- ing out of erroneous payment of pay or allowances of civilian employees is author- ized when collection action would be against equity and good conscience and not in best interest of United States. However, such authority does not extend to indebtedness resulting from payment of travel and trans- portation expenses, allowance and relocation expenses. 5 U. S. C. § 5584; 4 C. F. R. § 91. 2(c) (1978). This action is in response to a letter dated June 16, 1978, from Mr. James D. Belknap requesting waiver of the overpayment of re- location expenses incurred as an employee of the Department of the Navy incident to a permanent change of station. In June 1975, Mr. Belknap was transferred from Pascagoula, Mississippi to Port Hueneme, California. In our decision, B-188597, dated June 17, 1977, and December 5, 1977, we ex- -plained that an employee may not be transfered to his former station for the purpose of being retired, notwithstanding that an ultimate return to that duty station was contemplated at the time of the original transfer by both the employing agency and the employee. In finding that the sole purpose of Mr. Belknap's transfer to Port Hueneme, California, was to effect his retirement in California, we held that no portion of his relocation expenses may be reimbursed. In light of the fact that Mr. Belknap was authorized a travel advance in the amount of $5, 466, he now seeks a waiver of the over- payment pursuant to the authority of 5 U.S. C. § 5584. In support of this request, Mr. Belknap states that he acted in good faith, based on administrative decisions and directions regarding his relocation and retirement from the Department of the Navy. In addition, he notes that the travel allowance and other entitlements were authorized by the Navy, and that the resulting overpayments resulted from the actions of his employer.

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