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B-221670 1 (1986-07-29)

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              0. THE COMPTROLLER GENERAL
OECISION           .     OF THE UNITED        STATES
                  ~s) WASHINGTON. D.C. 20548



FILE:    B-221670              DATE: July 29, 1986

MATTER OF: Malcolm J. Clark


DIGEST:
          A wage grade employee employed in Alaska by the
          Federal Aviation Administration who converted from
          a wage grade position to a General Schedule
          position had his pay set erroneously based upon
          the highest wage grade rate earned in a wage grade
          position held outside Alaska rather than the
          appropriate Alaska wage grade rate. The error
          continued through subsequent pay increases includ-
          ing employment with the Bureau of Land Manage-
          ment. Waiver was allowed for the period the
          employee accepted the overpayments in good faith,
          but the denial of waiver is sustained for pay
          periods the employee received overpayments after
          being notified an error had been made.

     Mr. Malcolm J. Clark requests reconsideration of our
Claims Group's denial of his application for waiver of the
amount of $1,206.62 of his debt to the United States. The
debt arose from erroneous payments received after converting
from a wage grade position to a General Schedule position and
having his pay determined using erroneous wage grade rates.
In light of the applicable provisions of law, our Claims
Group's denial is sustained.

     Mr. Clark was transferred from a wage grade position
outside the Alaska region to a General Schedule position in
Alaska with the Federal Aviation Administration (FAA) on
September 18, 1977. He was employed as a GS-9, step 10. He
was promoted from GS-9 to GS-11 on June 17, 1979, and his
salary was set erroneously as a GS-11, step 8, instead of
step 5. On October 7, 1979, Mr. Clark received a promotion
to a GS-12. At this time, his salary was set erroneously as
a GS-12, step 6, instead of step 2. On October 5, 1980,
Mr. Clark was downgraded to GS-11. Due to an administrative
error, his salary was set erroneously as GS-11, step 10,
instead of step 8. He was paid at the GS-11, step 10, rate
until October 3, 1981.

     Mr. Clark was transferred to the Bureau of Land Manage-
ment, Department of the Interior, on October 4, 1981. Based
upon his previous salary at the FAA, he was paid at the
GS-11, step 10, rate. The FAA then determined that their


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