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B-216378 1 (1984-10-23)

handle is hein.gao/gaobadlzb0001 and id is 1 raw text is: 


                            THE COMPTROLLER1 GENERAL
   OECISION                 OF THE UNITHO STATES
                            WASHINGTON. 0. C. 20548



   FILE:  B-216378                DATE: October 23, 1984

   MATTER OF: Patricia A. Bolstad


   DIGEST:
     An employee whose annual leave account was
     erroneously overcredited due to the employing
     agency's error in establishing her service
     computation date requests waiver of the
     collection of the excess leave under
     5 U.S.C. S 5584. Since the error is suscep-
     tible to correction without creating a nega-
     tive leave balance, there was no overpayment
     of pay or allowances which may be considered
     for waiver under the waiver statute.

     Mrs. Patricia A. Bolstad has appealed our Claims
Group's disallowance of her request for waiver under
5 U.S.C. S 5584 of 180 hours of annual leave which were
erroneously credited to her annual leave account. This
error was the result of the agency's improperly placing her
in a higher leave earnings category durinj the period from
November 23, 1975, through June 30, 1979.'/  The Claims
Group determined that the excess leave erroneously credited
to the employee's leave account was not subject to consider-
ation for waiver under 5 U.S.C. S 5584. Upon review of this
matter, we sustain the determination of our Claims Group
that the erroneous crediting of annual leave is not subject
to waiver.

     Mrs. Bolstad is employed in the Hudson, New York
District Office of the Social Security Administration,
Department of Health and Human Services. Upon her initial
employment with the District office on July 22, 1973, her
service computation date was erroneously established as
November 15, 1960, rather than June 21, 1964. The error was
due to the agency's improperly including as creditable ser-
vice, the employee's prior service with the Agricultural
Stabilization and Conservation Service County Office

1/   Mrs. Bolstad's July 10, 1984 appeal of the Claims
     Group's action dated May 15, 1984, was forwarded to
     this Office by the Honorable Gerald B. Solomon, House
     of Representatives.

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