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B-184624 1 (1976-08-05)

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                 o         !! THE COMPTROLLER GENERAL
DECISION                      o. OF THE  UNITED       STATES        24-
                             WA SH IN GT O N, 0. C . 2 0 5 48




FILE:    B-184624                   DATE: AUG     5 1976

MATTER OF:                       -- Request for waiver of
                 erroneous overpayment of pay
DIGEST:        Where civilian employee has longt:,practical
              experience in Government and is working
              in civilian personnel office when erroneously
              advanced from step 4 to step 5 after only 52
              weeks instead of 104 weeks, then knowledge of
              error must be imputed to employee and request
              for waiver denied. B-168823, February 17, 1970.

     This decision is in response to a request from the Office of the
 Administrative Assistant of the Department of the Army that we
 review the decision of our Transportation and Claims (now Claims)
 Division, DW-Z-2517914-MTB-3, September 13, 1974, which denied the
 request for waiver of an overpayment of pay in the amount of $608.52
 to                      , a former employee of the Office, Secretary
 of the Army, Office of the Personnel Manager, Washington, D.C.

                was reassigned from the Office, Secretary of the Army,
 to the U.S. Army Vietnam, Office of the Civilian Personnel Director,
 U.S. Citizen Civilian Personnel Office, as a supervisory position
 classification specialist effective July 30, 1971.
 received a within-grade increase from GS-12, step 4, to GS-12,
 step 5, effective October 3, 1971. This increase was erroneous
 since            had received her increase to GS-12, step 4, on
 October 4, 1970, and there is a requirement that general schedule
 employees serve 104 weeks at step 4 before they are eligible for an
 increase to step 5.            received notification in October
 1972 of a within-grade increase to step 6 and-at that time reported
 that an error had occurred.        ____ states that when she received
 notice of a freeze in step increases in August 1971 she was also
 told that the freeze would delay her October 1971 increase. She
 states that she asked that her file be checked to verify if she
 was eligible for a step increase as she was Unsure and that a
 local-hire Vietnamese clerk and an American employee both checked
 her records and assured her that she was due an increase. As a
 result of the erroneous increase           was overpaid in the
 gross amount of $608.52.

     The initial request for waiver was forwarded to our Transportation
 and Claims Division by the U.S. Army Finance Support Agency for
 determination. The forwarding letter stated that there was no indi-
 cation of fraud, misrepresentation, or lack of good faith on the part

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