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B-156482 1 (1986-02-19)

handle is hein.gao/gaobadmeq0001 and id is 1 raw text is: 




               04        THlE COMPTROLLEOR GSENEKRAL
OECISION      .        . OF THI    UNITO      ETATES
                         WASHINGTON. 0.C. 20548



FILE:     B-156482             DATE:    February 19, 1986

MATTER OF:      Lawrence D. Morderosian


DIGEST:
        A former Government employee's request for
        waiver of his debt to the United States
        arising out of overpayments of salary is
        denied, where it appeared that he knew his
        personnel file contained an erroneous
        record, and that record caused the over-
        payments. Under the governing provisions
        of statutory law, waiver of salary over-
        payments is not allowed if the employee
        knew or should have known of the error
        that caused the overpayments but failed to
        take corrective action. Consequently, in
        this case, there is no basis for waiving
        collection of the overpayments.

     Mr. Lawrence D. Morderosian, a former employee of the
Federal Government, requests waiver of a claim against him
for the recoupment of salary overpayments he received in
the course of his employment between 1970 and 1984. The
overpayments arose as the result of excessive paid annual
leave which was credited to him and used by him. In light
of the facts presented, and the applicable provisions of
statute, we deny his request for a waiver of the
Government's claim.

                         Background

     Mr. Morderosian served on active duty with the armed
forces from 1943 to 1946, and from 1951 to 1964. In April
1964 he was retired from military service on the basis of
disability. Military medical evaluation boards determined
that the disability was the result of injuries he sustained
in 1960 in an automobile accident unrelated to his military
duties. An official military form prepared at the time as a
record of his disability retirement contained these entries:


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