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B-187636 1 (1978-05-22)

handle is hein.gao/gaobadgam0001 and id is 1 raw text is: THE COMPTUCLLEN URNUNAL DUCIOCN . . . OP THE UNTrNC UTATES 4IJZ WASMINATON D. C. uaau FILE: 5-187636 DAT: lay 22, 10'4 MATTER OF: Jack M. Bernstein - Waiver of Derpayment - Reconsideration DIWEST: Employee was initially denied uaifer of overpaymnt of living quarters allowances (LOA). Rerson for denial waus employee'a failure to inform new employ- ing agency of prior denial of LOA by previous em- poyer. Nov evidence furnished by agency indicates emloyee in fact informed agency of prior denial of LQA, and that his department head considered employee not to be local hire. In view of new evidence demonstrating employee's good faith, waiver is approved. P. Jack M. Bernatein, a civilian employee of the U.S. Marine Corps, requests reconsideration of our decision in Jack M. Bernstein, 5-187636, March 2, 1977, in which we denied his request for waiver of his indebtedness for overpayment of liting quarters allowances in the amount of $8,296.75. The facts in this case are fully set forth in our decision of March 2, 1977, and need not be reiterated here exceptas necessary. Our Claims Division initially denied Mr. 2arnstein's request for waiver. As explained to t. Bernstein in a letter dated July 14, 1976, that denial was based on a con- clusion that he uss at fault for failing to inform the appropriate Marine Corps officials that he had properly been denied the allow- ance in the cours of his previous employment with the Department of the Army. Mt. Bernitin than appealed the Claims Division's determination to this Office. On March 2, 1977, we issued a decision, B-187636, suataining the denial of waiver. - On October 28, 1977, the Oneral Counsel of the American Fed- eration of Government Employees forwarded to tur Office a copy of a letter written by Mr. Bernstein. Mr. Bernstein's letter, dated October 6, 1977,.,furnishes new evidence concerning the initial agency determination to pay the living quarters allowance. In short, Mr. Bernstein contends that upon his employment by the Marine Carps, he informed Marine Corps officials of the army's previous denial of' the living quarters allowance, and that he was.aubsequently informed by such officials that the payment of the allowance would be proper. In view of the additional information provided by MP. Bernstein, we requested a firther administrative report concerning this matter. The administrative report contains a statement made by ColonaLJames J. Harp, USMC, who wts the Base Maintenance Officer and the head of the Department in which Mr. Bernstein was employed. His statement provides: _4

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