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B-179133 1 (1973-08-10)

handle is hein.gao/gaobaadji0001 and id is 1 raw text is: a CONWVfOLJLfLr GENERAL ,OP ThE UNWI TICD STATES WA5HIP4GTOIE. D.c. Wi 31-179135 Augwst 10, 1973 W. Ibalfln W. Bright fOU Lord )a Road Virginia Beach, Viriias 23462 Den Kra Brights Your letter of arch 28, 1973,Lr.quUtn recouidrrtiuof Lshe Mntor by our Transportation aud Clims Division 04 October 12, 1972, denyins your request for waiver of your indebtedness to the United States in the amount of 0094.4O. That naunt vae erroneously paid to you for the period from August 0, 1970, through July 28, 1971, white ar Lmployn of the Norfolk Naval Shipyrrd, Portsnouth, VLrginia. The record indicates you wara overpaid the aunt of 9894,40 incident to the conversion of the Navy's 3-step ytes of pay to the S-step systa mitder the ue Coordinated Federal Wage System. While you wre correctly pleed in 1o-18, step 4, your salary was incorrectly set at $19,905.60 per annn, the salr7 for stop .5, rather than the step-4 salary of 919,011*.2.0 The dental td your raquest for wiver of the resulting over- payw.nts was predicated on the beflet that you ought to have made a corn- parluon of the Yo SF-50 shuvwing your now grade, step, and salary to the pay and conversion tables published in the Shipyard paper, which com- p rison would have alnrtnd you to the fact v4 an overpaymento. Your fail- we to do so was regawdnd as an indication of a deJra of fault on your part which, under the applicable standards, precluded the granting of a wiver. Section 5564() of title 5 of the Unitad States Code provides that th& Co'atroller General may not exercise his authority to waive ny (1) If, in ble opinion, there exists, in connaction with the claim, an indication of Zraud, aisrepresmntation, fault, or lack of goo faith on the part of the employee * * * Implemnting that statutory provision. 4 CYR 91,A provide.: (a) collection action under the eta'.. vould be against equity and good coneicce amd not in tM' boat Interests of _0 hmq

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