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B-243724 1 (1991-07-25)

handle is hein.gao/gaobadnxp0001 and id is 1 raw text is: ComproUer Gesend of the Uited States Wshtn D.C. 20&W Decision Matter of: Richard A. Roberts tile: B-243724 Date: July 25, 1991 DICISION Mr. Richard A. Roberts, an intermittent employee of the Department of Veterans Affairs (VA) Medical Center in New Orleans, appeals the denial of his request for waiver of his $246 debt, The debt resulted from pay he received for working 2 days when, according to the VA, he was in a nonpay status and not at work. For the reasons stated below, we sustain the derial of waiver. The VA paid Mr. Roberts for working on July 2 and 3, 186, when, in fact, he was not at his station but was on vacation with his family. He claims, however, that he was usihg compensatory hours for the 2 day.s. The VA concluded that Mr. Roberts did not have compensatory time to use and had violated agency regulations by reporting himself at work on his timesheet for the 2 days he took off. After following its procedures for disciplinary action, including offering Mr. Roberts the right to be heard, and after intra-agency appeals: the VA issued Mr. Roberts a letter of counselling and ordered him to repay the $246 he had been paid for the 2 days. Mr. Roberts requested waiver of his debt. The VA denied his request and our Claims Group sustained the VA's denial.l/ Mr. Roberts appeals the denial. The threshold question in this case is whether there was an overpayment: Mr. Roberts maintains thaL he was using compensatory time off on the 2 days in question; however, the agency states that he was not entitled to the days off. The Medical Center report states that Mr. Roberts was an intermittent employee who was to be paid only for hours actually worked, and his time and attendance report was coded for the 2 days as though he was present for work when he was not. The report notes that the time and attendance reports 1/ Setulement Z-2904639-050, Oct. 31, 1990.

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