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B-188326 1 (1978-02-13)

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                        THE  COMWEFROLLN SWENERNAL
DECIUION .      OP THE UNITEn STATUE
                        WASiINGTON. 0.C. af0a4a


PILE: 8-188326

MATTER  OF:


DIGEST:


DATE: February 13, I8


Charles F. Rade: - Waiver of Compensation
Overpayment


Navy employee requests waiver under
5 U.S.C. S 5584 of $115.46 overpayment of
overtime for partitipmtion in sea trial.
Waiver is denied aihc  employee had
participated in another sea trial three
months earlier lasting jone day longer
than sea trial for whiuh he was overpaid.
Also, payents  were made one month apart.
Therefore, employee should have suspected
error in overtime pay upon receiving larqer
payment fo: L:e!ond and shorter sea trial
Lnd advised his payroll office.


     sr. cnarles F. Ruder appoals from the action of our
Claims Diviaion dated October'15, x976, upholding the
decision of the Navy Accounting and Finance Office o deny
Mr. Rader's request for waiver of an overpayment in the
amount of $115.46 under 5 U.S.C. 5 5584 (Supp. IV, 1974)
and 4 C.F.R., chapter 1, subehapter G.

     The record shows that Mr. Bader, a mechanical engineer
at the Puget Sound Naval Shipyard,.Bremertbn, Washington,
was notified on April 11, 1975, that throu4h administrative
error he had been orerpaid $115.46 for a sea trial he had
participated in aboard the USS QUEENFISH in June 1973 while
on temporary duty at Pearl Harbor, Hawaii. He requested
waiver of this amount. His request was denied by the Navy
Accounting and Finance Center by a letter dated September 10,
1975. The denial was based on the ground that Mr. Rader had
been paid less overtime! iin connection with another sea trial
which occurred in April 1973 and lasted 1 day longer than the
sea trial in June 1973 for which he was overpaid. Hence,
Mr. Rader should have realized that he was being overpaid
when his payment for the June sea trial was larger
than his oayment for the April sea trial.

     Mr. Rader requested reconsideration of the above denial.
Mr. Rader states that he was unaware of the overpayment at
the time it occurred.  He further states that the sea trial
form is not returned to the employee with the comptroller's
calculations cf money due. Therefore, he was unaware of the
exact amount to which he was enrtitled at the end of the sea


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