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B-212478 1 (1983-12-19)

handle is hein.gao/gaobadllo0001 and id is 1 raw text is: 22%~7g~ DECISION FILE: B-212478 THE COMPTROLLER OINERAL OF THE UNITEO STATES WABHINGTON. 0.0. 20548 DATE: December 19, 1983 MATTER OF: Herbert A. Peck DIGEST: An employee received erroneous payments of basic pay and a non-foreign area differen- tial which were shown on his biweekly leave and earnings statements. The overpayments may not be waived since the employee knew or should have known from the substantial increase in pay and from an examination of his leave and earnings statements and per- sonnel records that errors had been made. Such actual or presumptive knowledge on the employee's part carries with it an obliga- tion to bring the matter to the attention of the appropriate official and to return the excess sum or set it aside for refund at such time as the error is corrected. This decision is in response to an appeal of our Claims Group's denial of waiver of erroneous payments of basic pay and non-foreign area differential an Air Force employee, Mr. Herbert A. Peck, received. The overpay- ments may not be waived because Mr. Peck should have known or with reasonable diligence could have observed from the examination of his leave and earnings state- ments and other personnel documents furnished him that he was not entitled to the substantial unexplained pay increases he received, and he should have been prepared to refund them. In August 1973 the Air Force transferred Mr. Peck from Westover Air Force Base, Massachusetts, to Anderson Air Force Base, Guam, to be the fire chief there. The Standard Form 50 (Notification of Personnel Action) Mr. Peck received indicating his transfer showed that his grade level and step remained unchanged after the transfer but that, while in Guam, he would be receiving a non-foreign area differential of 25 percent. The form also showed the annual salary and annual premium pay at Westover but showed no biweekly rates and erroneously omitted that Mr. Peck would be receiving premium pay in Guam just as he had in Massachusetts. However, with or I 2o q

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