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B-185509 1 (1976-06-09)

handle is hein.gao/gaobaddkx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ~OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: JUN 9 1976 MATTER OF: DIGEST: Jerry L. Minor - Waiver of overpayment of salary Waiver is sought under 5 U.S.C. 6 5584 where employee was advised two most recent pro- motions were erroneous and would be terminated at end of current pay period. Waiver is granted for overpayment during prior pay period and current pay period where employee received checks after notification of admin- istrative error. Notice did not indicate overpayment and under the circumstances em- ployee could not be expected to set aside such overpayment. This action is in response to the appeal of Mr. Jerry L. Minor of the determination of our Transportation and Claims Division (now Claims Division), dated July 8, 1975, partially denying a waiver of erroneous overpayments of salary under the provisions of 5 U.S.C. § 5584 (Supp. IV, 1974). The record indicates that Mr. Minor was appointed as a file clerk, grade GS-3, with the Veterans Administration Hospital, Reno, Nevada, on August 8, 1971, and was promoted through the Merit Promotion Program to positions as Purchasinf! Agent, grade GS-4, on November 14, 1971, Warehouseman, WG-6, o' March 5, 1972, and eventually Supervisory General Supply Speci.lizt, grade GS-8, on November 26, 1972. It was deterined durinf; a Personnel Man- agement Evaluation conducted by the Civil Service Commission that the latter two promotions were erroneous. T2erefore, Mr. Minor was advised on March 6, 1974, that the Veterans Admin- istration, upon direction of the Civil Service Commission, was canceling his latter two promotions effective March 17, 1974, the first day of the next pay period. On July 8, 1975, our Transportation and Claims Division waived the claim of the United States against Mr. Minor for over- payments that he had received for the period March 5, 1972, through February 16, 1974, on the basis of 5 U.S.C. § 5584 (Supp. IV, 1974), stating that Mr. Minor had no reason to question the validity of his promotions, and therefore, it can reasonably be said that he is without fault in the matter. However, the Transportation and Claims Division refused to waive the claim in the amount of $286.40 FILE: B-185509 ( L I

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