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B-195167 1 (1979-10-12)

handle is hein.gao/gaobadhqz0001 and id is 1 raw text is: 





DECISION





FILE:   B-195167

MATTER OF:


DIGEST:


         THE   COMPTROLLER GENERAL
         OF   THE UNITED STATES
         WASHINGTON, 0. Q. 20548
N(


                    DATE:   October 12, 1979

James A. Schultz - Fort   evic   - Waiver of
overpayment of travel and relocation expenses

Employee of Postal Service hired by Forest
Service was erroneously authorized and
reimbursed for travel and relocation expenses
instead of travel and transportation expenses
as new appointee to manpower shortage position.
Employee must repay amounts erroneously paid
since overpayments of travel and relocation
expenses may not be waived under 5 U.S.C.
6 5584; there is no basis for compromise or
termination of collection action under Federal
Claims Collection Act; and Government is not
estopped from repudiating erroneous advice or
authorizations of its agents.


     Mr. David L. O ixer, an Authorized Certifying Officer for
the Forest Service, U.S. Department of Agriculture (USDA), has
asked this Office not to take exception to that agency's over-
payment of travel and relocation expenses in the case of Mr. James A.
Schultz.  For the reasons set forth below, we must deny the
requested waiver action.

     The issues presented for our resolution here involve the
following pertinent facts. Mr. Schultz was authorized full transfer
of station benefits upon his transfer of employment from the United
States Postal Service (Postal Service), Des Moines, Iowa, to the
Eastern Regional Office, Forest Service, Milwaukee, Wisconsin,
effective July 15, 1978. Subsequent administrative review determined
that Mr. Schultz was onl} entitled to reimbursements of $1,894.06
for his transfer as a new appointee to a manpower shortage position,
not the amount of $7,774.17 paid to him. The resulting $5,880.11
difference represents an erroneous overpayment of travel and
relocation expenses. ) -

     In support of the request for waiver in the present case the
Forest Service urges our consideration of the following additional
facts:

     The Forest Service, Eastern Region, Milwaukee, first
     became aware that U.S.P.S. /Postal Service7 employees

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