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B-198573 1 (1981-02-13)

handle is hein.gao/gaobadjcl0001 and id is 1 raw text is: ~01-LER ~t THE COMPTROLLER GENERAL DECISION ')21. OF THE U NITED STATES ,,oWAS INGTN 0,.,,o.-:,, rC. 20548 t T ,- FILE: B-198573 DATE: February 13, 1981 MATTER OF: Bobby R. Ganus - equest for Waiver of Overpayment of PaJ Employee erroneously repromoted to GS-13, step 7, was subsequently demoted to GS-12, step 10. Thereafter he again was erroneously repromoted to GS-13, step 7. It was deter- mined that initial repromotion should have been to GS-13, step 6, and he was so advised. Agency and Claims Group grant of waiver to date of letter advising employee of error is extended to allow time for knowledge of error to reach employee overseas. However, for overpayments beyond that time, waiver is denied based on record showing employee knew step in grade upon second repromotion was similarly improper. The issue presented is whether an employee is entitled to a larger waiver of an overpayment of compen- sation than that previously granted by our Claims Group. For the reasons stated below, another portion may be waived, but the majority of the amount that was overpaid must be refunded. Mr. Bobby R. Ganus is an employee of the Department ot the Army, Corps of Engineers. Prior to August 1975 he was employed with the Corps at Huntsville, Alabama, at grade GS-13, step 6. On August 28, 1975, as part of a reduction in force (RIF), he was demoted to grade GS-12, step 10. On March 27, 1977, he was repromoted to grade GS-13, step 7. On October 16, 1977, he accepted a demotion to grade GS-12, step 10, so that he could transfer to a Corps office in Saudi Arabia. While in Saudi Arabia he was repromoted, on March 4, 1978, to grade GS-13. Because his pay had previously been set at step 7 of that grade, his pay was set at GS-13, step 7, at the time of his second repromotion. By letter of August 4, 1978, which was received by Mr. Ganus in Saudi Arabia late the same month, he was advised that an error had been made in setting the step of the grade he held. The relevant parts of that letter are set out below: ..,,4- ---iiW DIGEST:

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