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B-208040 1 (1983-01-31)

handle is hein.gao/gaobadkvs0001 and id is 1 raw text is: / ',' ~. THE COMPTROLLER GENERAL DECISION ..72 OF THE UNITEO STATES WAS H I N GTO N. DC. 20548 FILE: B-208040 DATE: January 31, 198- MATTER OF: Alfred Rosenberg DIGEST: A reemployed annuitant stationed overseas requests waiver of payment of $8,754.66 in cost-of-living and living quarters allowances which were erroneously paid after a break in his service. Although the employee received at least one erroneous allowance payment during his break in service in conjunction with accrued annual leave, waiver is granted. Nothing in record indicates that employee knew his entitlement to allowances had ended or that the employee was at fault with regard to the erroneous payment prior to his reemployment. This is in response to the appeal of Mr. Alfred Rosenberg from the action of our Claims Group, AFMD, in Z-2829870-121, September 1, 1981, which denied his application for waiver of overpayment of a living quarters allowance and a cost-of-living allowance between March 1978 and November 1979 in the amount of $8,754.66. The record shows that Mr. Rosenberg, an employee of the Department of the Army in Oberursel, West Germany, was mandatorily retired effective February 28, 1977. He was rehired the next day, March 1, 1977, as a reemployed annuitant on a temporary appointment for six months. On September 1, 1977, Mr. Rosenberg was again rehired as a temporary employee for six months. On March 1, 1978, Mr Rosenberg's continuous employment terminated. He was rehired on June 14, 1978, on a temporary appointment not to exceed six months, and since that time he has been rehired at six-month intervals. Because of his break in service (March 1 to June 14, 1978), Mr. Rosenberg was not entitled to foreign allow- ances at the time of his reappointment in June 1978. Nevertheless, due to administrative error, he continued to receive cost-of-living and living quarters allowances from June 14, 1978, until November 1979. The Army indi- cates that from March 1 to June 14, he was paid cost-of living and living quarters allowances for three of the first four pay periods during his break in service. /_ -, , 4 /1 lc 7_,

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