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B-185458 1 (1976-10-05)

handle is hein.gao/gaobaddxr0001 and id is 1 raw text is: -.11HE pMMTRrlLL.:P ff3F ElRAL DECISION . . OF THE U \NJI TED 89TATEL FILE: 8-185458 DATE: OctotCr % MATTER OF: Kenneth J. Moore - request for waiver of erron'eous payment of post differential and separat mainte- riance allowance 1. Acceptance of payment of post differential and separat2 maintenance allowance, afttr notificatio. of ineligibility therefor, pre- cludes waiver of indebtedness under provisions of 5 U.S.C. 0 5584 (Supp. IV, 19T). 2. Erroneous indcations in Standard Forms 50 and 1190, to the effect that employee would be entitled to post differential and separate maintenance allowance payments, does not create authority to pay sich allowances where #mployee did not, meet requirement of itatutory regulations that he be recruited i .ited States or other design3ted areas. 3. United States is not liaDle fo (rooou actions of its offices, agents, or employees even though cornitted n per- formance of official duties. Ore zntriin; into azrrangement with Government tak&s risk of her'ing ascertained that agent with whom lie dearn stays within limis of hi5 authority, inatntmuc1 as Government can cithcr be hound nor estopped by unauthorized acts of its agents. Federal Crop Insurance CoT v. Merill, 332 U.S. 380 (1947); 44 Ccmp. Gen. 33 139 (1964). This action is in response to the reque't of Mr. Kenneth J. Moore, a former employee of the United States Army Ctntral Finance and Accounting Office (USACF&AO),-Vietnan, for reconsiderztioi of the settlement of our Transporttilon and Claims Division (tCl), noW Claims Division, on February 21, 1974, which denied irn part a -Cequest flr waivcr of erroneous payment of foreign post differential and separate maintenance allowance made to F. Moore during the period from December 20, 1971, through August 5, 1972. I I .- -

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