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B-188802 1 (1977-12-30)

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                  If/~ 4THE COMPTROLLER GENJERAL
       OECSCN  .~2Y    OF THE UNITED BYATBE
                           WArHINQTON, D.C. 2Q540



FILE:   B-18q802                 DATE.  December 30, 1977

MATTER   OF:   Fred T. Dick - Waiver of Overpayment


DIGEST:


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Drug Enforcement Administration employee
requests waiver of overpayment of $10, 815.14.
Pue to administrative erru-r employee con-
tinued to receive 25 percent post differential
payments (Saigon rate) after his assignment
to Bangkok. Thailand, where the rate was
10 percent. Erroneous payments were shown
in employee's earnings statement. Claims
Division action denying waiver is sustained.
Although employee received within-grade
increase shortly after transfer, he was partly
at fault because he should have known of
overpayments as he was a-ware that upon
transfer post differential should havc been
reduced at least $105 per pay period.


    This action responds to an October 26, 1976, letter request
from Peter B. Bensinger, Administrator, Drug Enforcement
Administration (DEA),. Deportment of Justice, for review and
reconsideration of the action of our Claims Division that denied
Mr.  Fred T. Dick's application for waiver of overpayments of
foreign post different-al in the amount of $10, 815. 14.

    In early 1972, Mr Dick was employed as a Supervisory Crimi-
nal Investigator, grade GS-15, with the Bureau of Narcotics and
Dangerous Drugs (13NED) (now DEA), Department of Justice, Saigon,
Vietnam,  Tn Saigon he was authorized a 25 percent foreign post
differential. Effective June 14, 1972, Mr. Dick was transferred
to Bangkok, Thailand, where he was only authorized a 10 percent
post differential. Notwithstanding his reduced entitlement, through
error Mr. Dick received payments of post differential at the 25 per-
cent rate from pay period 14, 1972, through pay period 20, 1974,
resulting in overpaymeits in the amount of $10, 815, 14.

    The records in this zase disclose that a Form 50, Notification
of Personnel Action, was prepared at BNDD headquarters in
Washington, D. C., on June 21, 1972, confirming Mr. Dick's
official reassignment e.fective as of June iU, 1972. This docu-
ment was received by Mr. Dick, who was then the Regional
Director of the BNDD Southeast Asian Regional Office, Bangkok,
Thailand, on July 24, 1972. The Form 50 indicated that he was











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