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B-195647 1 (1979-09-21)

handle is hein.gao/gaobadhpy0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIONr OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-195647 MATTER OF: Richard W. Jackson DIGEST: DATE: September 21, 1979 An employee received an erroneous payment of foreign quarters allowance through administra- tive error which was reflected on his biweekly earnings and leave statements. The debt may not be waived since he knew or should have known from the substantial increase in pay and from an examination of his earnings and leave statement that an error had been made. Such actual or presumptive knowledge on the employee's part carries with it an obligation to bring the matter to the attention of the appropriate offi- cial and to return the excess sum or set it aside for refund at such.time as the accounting error was corrected. The issue presented in this case upon an appeal of our Claims Division's denial of a jequest for waiver ic whache. waiver of an erroneous payment of foreign quarters allowance7may be granted under 5 U.S.C. 5584 (1976) in the circumstances described. The answer is no since we find that the recipient of the overpayment should have known or with reasonable diligence could have observed from an examination of his earnings and leave statements that he had been paid an allowance for which he was not entitled and should have been prepare.d to refund the amount erroneously paid. Mr. Richard W. Jackson, an overseas employee of the United States Army Medical Department Activity, Nurnberg, Germany, began his employment on May 21, 1973. He has acknowledged that he was not eligible for foreign quarters allowance. However, for the pay period ending November 3, 1973, through the pay period ending October 2, 1976, he received a foreign quarters housing allowance. The total amount paid was $5,538.12. The payments occurred every 2 weeks,except for the two pay periods in the month of July 1974, in the amount of $74.94 from November 3, 1973, through January 10, 1976, and in the amount of $72.66 every 2 weeks from January 24, 1976, through October 2, 1976. The overpayments were not reported by Mr. Jackson until sometime in November 1976 and he was officially notified of the overpayments and the extent of the debt by letter dated November 23, 1976. Mr. Jackson claims that

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