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B-229439 1 (1988-05-25)

handle is hein.gao/gaobadncj0001 and id is 1 raw text is: 

             The Comptroller General
   of the Unitd States


\           Washington, D.C. 20548

             Decision


                      Frank A. Barone - Waiver of Erroneous Payment of
             Matter of.  Travel Expenses

             File:    B-229439

             Date:    May 25, 1988


             DIGEST

             An employee seeks reimbursement of money collected from him
             for a travel overpayment. The overpayment was caused by
             the agency's failure to deduct a travel advance from the
             amount claimed by the employee at the time of voucher
             settlement. The employee claims, among other things, that
             he never received the money. We find no basis to allow the
             employee's claim based upon the written record, and this
             Office does not conduct adversary hearings. Further, since
             the overpayment was made prior to December 28, 1985, the
             effective date of waiver coverage of travel and transpor-
             tation expenses, waiver is not available in this case.


             DECISION

             Mr. Frank A. Barone, an auditor for the Health Care
             Financing Administration (HCFA), Department of Health and
             Human Services (HHS), appeals the August 28, 1987,
             settlement of our Claims Group (Z-2864842) denying his
             request for reimbursement of money collected from him as
             repayment of an erroneous travel payment. For the reasons
             stated below, we sustain the action of our Claims Group
             denying reimbursement of the amount collected. Addi-
             tionally, waiver under 5 U.S.C. S 5584 is not available in
             this case, since no authority existed prior to December 28,
             1985, to waive erroneous payments of travel expenses.

             BACKGROUND

             Mr. Barone received a $100 travel advance for an authorized
             trip made on December 18 and 19, 1984. On January 4, 1985,
             he completed a travel voucher for expenses totaling $116.40.
             He requested that the $100 travel advance be applied to the
             voucher sum and that the remaining $16.40 be paid to him.


C>LA 70

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