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![handle is hein.gao/gaobadgus0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DE SIOlN . OF THE UNITED STATES
o WASHINGTON, 0.C. 20548
FILE: B-193002 DATE: January 12, 1979
MATTER OF: Robert W. Selzer - etroactive Temporary
Promotion and Backpay]
DIGEST:
Federal Highway Administration employee filed
with GAO on August 26, 1976, a claim for retro-
active temporary promotion and accompanying
backpay incident to an alleged detail to a higher
grade position from November 12, 1968, to the
present. On August 24, 1969, employee was
reassigned in grade to a position which encom-
passed the duties of the detail thereby termi-
nating the detail. Claim may not be
considered since Act of October 9, 1940, as
amended, 31 U. S. C. 5 712, provides that claims
presented to GAO more than 6 years after date
claim accrued are barred.
This action is in response to a letter from Mr. Robert W. Selzer
an employee of Region 7, Federal Highway Administration, Depart-
ment of Transportation, which constitutes an appeal from our Claims
Division settlement of August 22, 1978. Mr. Selzer's claim for a
retroactive temporary promotion with backpay was disallowed on the
grounds that the claim was barred by the statute of limitations.
On November 12, 1968, Mr. Selzer was allegedly detailed to per-
form the duties of Regional Emergency Transportation Representative
(RETREP) for Region 7. At the time of his assignment Mr. Selzer
was in grade GS-13. In his appeal, Mr. Selzer contends that by being
assigned the duties of a RETREP he was detailed to an established
position at a higher grade level (GS-14) and therefore is entitled to a
retroactive temporary promotion and backpay for the period Novem-
ber 12, 1968, to the present.
The record shows that on August 26, 1976, Mr. Selzer filed his
claim with our Claims Division. The claim was based on decisions
which entitled employees detailed to higher grade positions for more
than 120 days, without Civil Service Commission approval, retro-
active temporary promotions with backpay for the period beginning
with the 121st day of the detail until the detail is terminated. Matter
of Marie Grant, 55 Comp. Gen. 785 (1976); Matter of Everett Turner
and David L. Caldwell, 55 Comp. Gen. 539 (1975).
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