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B-261294 1 (1995-10-31)

handle is hein.gao/gaocrptacbp0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Eric A. Werner File: B-261294 Date: October 31, 1995 DIGEST An employee was transferred to an overseas location and began to receive a post differential allowance, but at an incorrect rate, resulting in an overpayment of the allowance. Partial waiver was granted for the period prior to the date that a fellow employee wrote to the agency on behalf of both of them inquiring about the propriety of the allowance being paid. The employee appeals the partial waiver disallowance, arguing that he did not know of the overpayment until so notified by the agency. The appeal is denied. The employee knew or should have known at the time the letter was sent that the allowance being received was at the incorrect rate. Therefore, collection of the debt for the period after the date of the letter is not against equity and good conscience and is in the best interest of the United States. DECISION Mr. Eric A. Werner, an employee of the Defense Mapping Agency, appeals Settlement Z-2927892, Dec. 13, 1994, which disallowed waiver of part of his debt to the United States for salary overpayments. The partial waiver disallowance is sustained, for the following reasons. The reported facts are that Mr. Werner was transferred to a duty station on Kwajalein Atoll, Marshall Islands (Atoll), in March 1992 and became entitled to a post differential allowance. Because of administrative oversight by the Directorate of Human Resources, Defense Mapping Agency, the allowance paid him beginning March 27, 1992, was at the outdated rate of 15 percent of base salary instead of the correct rate of 10 percent of base salary, which rate became effective on March 22, 1992. The agency states that it was unaware of the change in the post differential allowance at the time Mr. Werner was transferred, and its Directorate of Human Resources did not learn of the change until September 22, 1993, when it received a reply from the Department of State incident to its inquiry in late August 1993. On 11461030

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