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B-237169 1 (1990-03-23)

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The COmnpaller General
of the United States
WasngtM, D.C. 20645

Decision

           Sherry C. Boutwell - Waiver - Erroneous Travel
           Advance
Matter of:
           B-237169
File:

Date:      March 23, 1990

DIGEST

In reliance on erroneous advice, a new employee incurred
per diem expenses during orientation at her permanent duty
station. While her claim for per diem may not be paid,
waiver of her remaining indebtedness for the travel advance
may be considered under 5 U.S.C. S 5584 (1988) if the
employee incurred the expenses in good faith reliance on
erroneous agency advice and if collection of the debt would
be against equity and good conscience.


DECISION

The issue in this decision concerns a claim for per diem
expenses which were erroneously authorized to a new employee
at her first duty station. For the reasons that follow, we
hold that, while the claim may not be paid, the employee's
outstanding indebtedness for the travel advance may be
considered for waiver.

BACKGROUND

A regional fiscal management officer of the Internal
Revenue Service, San Francisco, California, has requested an
advance decision concerning the claim of Ms. Sherry C.
Boutwell for certain per diem expenses. Ms. Boutwell was
hired by the Internal Revenue Service and directed to report
to Laguna Niguel, California, her permanent duty station, on
July 5, 1988, for a 1-week orientation. She was then to
report to Riverside, California, for a 6-week training
session.

The record indicates she was authorized two travel advanc,-
totaling $3,000 for per diem for the first 7 weeks of
employment (July 5 through August 24, 1988), including th
week of July 5-9, for orientation. However, Ms. Boutwe[l
was informed on July 28, 1989, that she was not eligible
per diem for the week of t-)ientation. Thus, her travel

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