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![handle is hein.gao/gaobadisl0001 and id is 1 raw text is:
THE COfPTROLLER GENERAL
DECISION OF THE UNITED STATES
WASHINGTON, D.C. 20548
1/ IN.
FILE: B-200296
MATTER
DIGEST:
DATE: November 28, 1980
OF: Harry A. Phillips - Request for waiver
of overpayment of pay]
An employee was hired at GS-7,
step 1. Within 1 week he was errone-
ously advanced to step 10 of the same
grade. The employee did not question
the advance until several months later
when he was comparing pay slips with
another employee with a comparable
background who had been hired at the
same time he had been hired. Since
the employee failed to question an
unexplained increase in pay, he is
not without fault and, under appli-
cable regulations, waiver is pre-
cluded. Financial hardship cannot
form the basis for waiver that is
otherwise barred.
We have been asked to waive repayment of the errone-
ous overpayments of pay received by an employee when he
was improperly advanced from grade GS-7, step 1, to
grade GS-7, step 10. For the reasons set forth below, we
decline to waive repayment.
By letter of Jul-y 26, 1977, Mr. Harry A. Phillips was
offered a position as af Air Traffic Control Specialist,
with the Federal Aviation Administration (FAA), grade GS-7,
at an annual salary of $11,523. He entered into duty on
August 8, 1977. The Standard Form 50, Notification of
Personnel Action (SF-50), prepared at that time, appointed
him at grade GS-7, step 1, at the salary set out above.
Approximately 1 week later Mr. Phillips received another
SF-50 changing his appointment to grade 7, step 10, at an
annual salary of $14,979. Mr. Phillips, in his request
for waiver, stated that he considered the change to be
based upon a recognition of his prior experience as an
air traffic controller, and did not question his pay in
any way at that time.
Several months later Mr. Phillips was comparing pay
slips with another controller with a comparable back-
ground who had been hired at about the same time he had
I . .
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