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B-265874 1 (1996-05-22)

handle is hein.gao/gaocrptadtd0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: John Wessels

File:       B-265874

Date:       May 22, 1996

DIGEST

Generally, where an agency promptly notifies an employee of an overpayment, the
employee is precluded from relying on the accuracy of the payment to his detriment
and waiver is not appropriate since collection of the payment would not be against
equity and good conscience despite the absence of fault on the part of the
employee. In this case the agency notified employee within 3 weeks of the error.
Moreover, employee had notice prior to submitting his voucher that the original
travel orders were erroneous. Waiver is denied.

DECISION

The Chief, Travel Division, Defense Finance and Accounting Service (DFAS),
requests reconsideration of our settlement certificate Z-2942616-050, July 28, 1995,
which denied the waiver request of Mr. John Wessels. For the reasons stated
hereafter, we affirm our denial of the waiver request.

BACKGROUND

On January 27, 1994, Mr. Wessels was issued travel orders authorizing a permanent
change of station move from Kentwood, Michigan, to Buffalo, New York. In
connection with his move, Mr. Wessels was authorized the shipment and storage of
his household goods. While the orders did not indicate the method of shipment, the
estimated cost shown on the orders is based on the commuted rate. Mr. Wessels
states that he was told by his regional personnel office that he would be reimbursed
shipment of household goods under the commuted rate method. Mr. Wessels
shipped his household goods on June 30, 1994, choosing to ship them himself; his
actual expenses were $924.75.

Mr. Wessels' orders were amended on July 1, 1994, to limit the shipment of his
household goods to his actual expenses, not to exceed the cost by government bill
of lading (GBL). He received the amended orders on July 6 or 7. Mr. Wessels
submitted his travel voucher on July 9, 1994, seeking reimbursement for $4,988.62
under the commuted rate.


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