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(DATE: )Tj
(March 20, 1997)Tj
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(In Re:)Tj
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([Redacted])Tj
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(Claimant)Tj
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(Claims Case No. 97013104)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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(A civilian employee of the United States Corps of Engineers was erroneou\
sly paid at the wrong step )Tj
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(level for almost 34)Tj
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(months. )Tj
(The overpayments began at a time when a government-wide pay raise )Tj
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(of 4.1 percent raise went into effect.)Tj
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(Instead of a 4.1 percent increase, the employee received an )Tj
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(increase of over 13 percent. )Tj
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(Because she did not question the)Tj
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(size of her increase, the employee is at )Tj
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(least )Tj
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(partially at fault, and waiver under 5 U.S.C. )Tj
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(5584 is therefore precluded.)Tj
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(DECISION)Tj
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(This is in response to an appeal of the General Accounting Office's \(GA\
O\) Settlement Certificate )Tj
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(Z-2927923-050,)Tj
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(March 28, 1995, which denied the request of a civilian employee of the U\
nited )Tj
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(States Army Corps of Engineers for)Tj
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(waiver of a debt of $5,357.84, which arose when she was paid )Tj
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(at an incorrect step level for almost 34 months. )Tj
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(Pursuant)Tj
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(to Public Law No 104-316, October 19, )Tj
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(1996, the authority of the Comptroller General to waive a claim of the U\
nited)Tj
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(States against a )Tj
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(person arising out of an erroneous payment of pay \(salary\) or allowanc\
es, including travel,)Tj
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(transportation, or relocation expenses and allowances was transferred to\
the Director, Office of )Tj
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(anagement and Budget)Tj
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(\(OMB\). )Tj
(The Director of OMB delegated his waiver authority involving )Tj
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(all uniformed service members and civilian)Tj
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(employees of the Department of Defense to the Secretary )Tj
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(of Defense. )Tj
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(exercises the authority of the Secretary.)Tj
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(Background)Tj
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(The record indicates that in October 1990 the claimant had been employed\
by the federal )Tj
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(government for over 5 years)Tj
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(pursuant to 5 U.S.C. )Tj
(5303, then applicable to secretaries in the Washington area; thus, her a\
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(pay rate in the GS-6, step 4, position was $21,204, and upon her promoti\
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(became $22,887, an)Tj
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(increase of $1,683. )Tj
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(The Standard Form 50 \(SF 50\), Notification of Personnel )Tj
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(Action, issued incident to her promotion,)Tj
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(incorrectly stated her new GS-7 level as step 7 rather than )Tj
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(step 4, but it correctly stated her new pay rate \(applicable to)Tj
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(step 4\), and she was correctly paid at )Tj
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(the step 4 rate through January 5, 1991.)Tj
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(Effective the first pay period in January 1991, a general government-wid\
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(\(comparability increase\) was)Tj
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( When the Corps of Engineers)Tj
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(implemented this pay increase, the erroneous step 7 pay )Tj
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(level shown on her SF 50 was used, and her pay was increased)Tj
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(from $22,887 to $25,930, when it )Tj
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(should have been increased to $23,827. )Tj
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(Thus, she received an annual pay increase of)Tj
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($3,043 )Tj
(\(amounting to an increase of over 13 percent\) when she should have rec\
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($940 \(4.1)Tj
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(Because of this error, her pay also was miscomputed when she received an\
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(increases in January 1992 and)Tj
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(As a result of these errors, she was overpaid from )Tj
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(She seeks waiver of her debt on the basis that the errors in setting her\
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(personnel office, in)Tj
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