In the Matter of the Petition by	)  June 5, 1996
					)
EDWARD HYLTON				)
P. O. Box 1674				)
					)
	at				)
					)
New Haven, CT 06507-1674		)  P.S. Docket No. DCA 96-126

APPEARANCE FOR PETITIONER:		Edward Hylton
					P.O. Box 1674
					New Haven, CT 06507-1674

APPEARANCE FOR RESPONDENT:		John Galvin
					Labor Relations Specialist
					United States Postal Service
					Southern CT Processing & Distribution Ctr.
					Wallingford, CT 06492-9011

Petitioner, Edward Hylton, filed a petition for oral hearing on April 5, 1996, after receiving a Notice of Involuntary Administrative Salary Offsets dated March 18, 1996 from the Supervisor of Accounting Services - Connecticut District. The Notice stated the Postal Service’s intention to make withholdings from Petitioner’s salary to collect back a $700.00 salary advance that had been paid to Mr. Hylton. Respondent, the Postal Service, filed a motion to have this case decided on written submissions and, by Order of April 29, 1996, Petitioner was given until May 13, 1996 to state reasons why an oral hearing was necessary. Petitioner did not respond and, by Order of May 20, 1996, both parties were given until May 31, 1996 to submit additional documents and statements of witnesses.

Respondent filed sworn statements from Ms. Damon, Supervisor Accounting Services, and Mr. Mayne, Petitioner’s immediate supervisor, along with other documents. Petitioner has submitted nothing other than his original Petition, in which he said that he "took sick leave with leave time that was earned but was not paid." Mr. Hylton received the May 20 Order on May 28, 1996. The following Findings of Fact and Conclusions of Law are based on the written record.

FINDINGS OF FACT

1. The sworn statements of Mr. Mayne and Ms. Damon, along with attached pay records, show that Mr. Hylton was placed on leave without pay (LWOP) status following a two-week absence in 1995. When he returned, he requested that his sick leave be used to cover the period of absence. His supervisor, Mr. Mayne, approved this, and also approved a salary advance so that Mr. Hylton could be paid immediately.

2. A PS Form 1608, Emergency Salary Authorization & Receipt, signed by Mr. Mayne and Mr. Hylton, shows that a money order for $700.00 was approved on September 25, 1995. A daily finance report for September 25, 1995 for Unit 511 in the Hartford, Connecticut District shows a $700.00 salary advance was issued on that date. The Form 1608 signed by Mr. Hylton states, above his signature, "I hereby certify that I have received the above amount and will repay that amount upon receipt of my salary check."

3. The statement of Ms. Damon, and accompanying finance records, show that pay adjustment records (PS Form 2243) were processed, and that Mr. Hylton was paid for the period in question in his paycheck for pay period 20-95.

DECISION

Because it appears from the evidence of record that Mr. Hylton was paid twice for the period in question - once by cash advance, and once through a subsequent pay adjustment, and because Mr. Hylton has submitted nothing to suggest that any of the pay records are in error, the Petition is denied. The Postal Service is entitled to collect $700.00.

				Bruce R. Houston
				Acting Chief Administrative Law Judge