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B-231018 1 (1989-08-02)

handle is hein.gao/gaobadnng0001 and id is 1 raw text is: LThe Comptroler General . of the United States Washington, D.C. 20548 Decision Matterof- Daniel J. Rendon - Waiver of Overpayment of Salary File: B-231018 Date: August 2, 1989 DIGEST Due to administrative error, an employee received a within- grade increase 1 year before it was expected. In the absence of any mitigating factors, we conclude that the employee knew or should have known the correct waiting period, and we deny his request for wavier. DECISION This decision is in response to an appeal by Mr. Daniel J. Rendon, filed by his attorney, Mr. Glenn A. Buries, from our Claims Group settlement which denied his request for waiver of an overpayment of compensation in the gross amount of $946.67 under the provisions of 5 U.S.C. S 5584 (1982 and Supp. IV 1986).l/ For the following reasons, we affirm our Claims Group's action and deny his request. BACKGROUND Mr. Rendon, an aircraft mechanic with the National Aeronautics and Space Administration (NASA), was promoted on August 10, 1980, from aircraft worker, WG-8, step 3, to a research aircraft mechanic, WG-10, step 2. Under the provisions of 5 U.S.C. S 5343(e)(2) (1982), he was not eligible for a within-grade increase until completion of a 78-week waiting period on February 7, 1982. However, due to an administrative error, he received a within-grade increase on February 7, 1981, and was overpaid at the WG-10, step 3 rate for 1 year in the amount of $946.67. The error was subsequently discovered and Mr. Rendon has paid back to NASA the proper amount due. Mr. Rendon contends that our Claims Group erred by failing to consider his position, experience, knowledge and service 1/ Z-2880543, Oct. 14, 1987.

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