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B-197121 1 (1980-01-23)

handle is hein.gao/gaobadhxx0001 and id is 1 raw text is: DECISIDN 4~l ILI, -V _y THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-197121 MATTER OF: DIGEST: DATE: January 23, 1980 Alfred E. Gent - Waiver of erroneous overpayment of travel and re ocation expenses Employee of National Oceanic and Atmospheric Administration (NOAA) was erroneously authorized and reimbursed for travel and relocation expenses instead of travel and transportation expenses as new appointee to manpower shortage position. Employee.must repay amounts erroneously paid since overpayment of travel and relocation expenses may not be waived under 5 U.S.C. § 5584; there is no basis for compromise .or termination of collection action under Federal Claims Col- lective Act; and Government cannot.be bound beyond actual authority conferred upon its agents by statutes or regulations, Mr. Alfred E. Gent /Edward Gent7 appeals the findings of our Claims Division. in connection with its review of the claim of the United States against him for erroneous overpayment of certain travel and relocation expenses incident to his selection for a manpower shortage position in the.National Oceanic and Atmospheric Administration (NOAA) in 1977. The facts in this case are not indispute and in lieu of repeating the comprehensive presentation contained in our Claims Division's settlement letter of October 22, 1979, the following brief statement is offered. Mr. Gent, formerly a student residing in Oxford, Mississippi, was appointed to a position in the manpower shortage category and began work August 29, 1977, with the National Weather Service in Sterling, Virginia. The travel order prepared incident to relocation to his first duty station erroneously included allowances which may be authorized only for continuing employees involved in transfers from one duty station to another. As a result Mr. Gent received travel and relocation expenses instead of travel and transportation expenses as a new appointee to a manpower shortage position. Our Claims Division reviewed Mr. Gent's liability for the erroneous overpayments in the amount of $2,244.65 and de- termined that the Government's claim against Mr. Gent was computed in accordance with the applicable law and there was no basis for / reducing the liability, * Kl 'pp / Z04

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