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B-208293 1 (1983-01-26)

handle is hein.gao/gaobadkvr0001 and id is 1 raw text is: /oi \'. THE COMPTROLLER GENERAL ,' 1' DECISION . : OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-208293 DATE: January 26, 1983 MATTER OF: Bessie P. Williams -- Waiver of Erroneous Credit of Annual Leave DIGEST: Employee whose annual leave account was overcredited, then adjusted to reflect the series of administrative errors which accounted for the overpayment, requests waiver of the correction under 5 U.S.C. § 5584 (1976). Waiver of a claim to annual leave is appropriate when an employee has taken leave in excess of that to which he is entitled, resulting in a negative balance in the employee's annual leave account. Lamoyne J. DeLille, 56 Comp. Gen. 824 (1977). Waiver is denied since there is a positive balance remaining in the employee's annual leave account after correction, and the agency is not estopped from correcting its mistake. This decision is in response to a request from Billy H. Spillers, Chief, Division of Personnel Management, Depart- ment of the Interior, Bureau of Reclamation, for considera- tion of the claim of an employee, Mrs. Bessie P. Williams, to 190 hours of annual leave, erroneously credited to her account by the Bureau and subsequently removed from the account after discovery of the mistake. This case amounts to a request for waiver of the Government's claim against an employee arising out of the erroneous overpayment of pay or allowances. 5 U.S.C. § 5584 (1976). Since a claim may be waived only when correction would result in a negative leave balance, we hold that waiver is inappropriate in this case. The leave balance was properly recouped. When Mrs. Williams entered on duty with the Bureau of Reclamation in 1974, a personnel specialist incorrectly computed her service computation date (SCD). Although Mrs. Williams questioned the computation, she was assured the date was correct. The error resulted in the erroneous accrual of 8 hours of annual leave per pay period (rather than 6) until 1979, when the mistake was discovered. In 1979, the payroll office informed Mrs. Williams that she had

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