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B-196612 1 (1980-03-05)

handle is hein.gao/gaobadibi0001 and id is 1 raw text is: 11a 0 THE COMPTROLLER GENERAL. DECISIDN . . OF THE UNITED STATES WASHINGTON, D C. 20548 FILE: B-196612 DATE: March 5, 1980 MATTER OF: Brian J. Connell DIGEST: A GS-15 employee of the National Highway Traffic Safety Administration was detailed to a GS-16 (supergrade) position without the agency requesting approval from the Civil Service Commission as is required by 5 U.S.C. 5 3324(a). Since the agency had no authority to unilaterally place the employee in a super- grade position, the employee's claim for a retroactive temporary promotion is denied. See 56 Comp. Gen. 432 (1977). Estoppel argument must fail because the agency acted beyond the scope of its authority. See cited decisions. By a letter dated September 17, 1979, Mr. Brian J. Connell, through his attorney, appealed our Claims Division's settlement issued September 6, 1979, which disallowed his Elaim for d' retroactive temporary promotion and backpa In his apoeal Mr. Connell does not mention that portion of his claim prior to March 22, 1970, which the Claims Division found to be barred by the Act of October 9, 1940, as amended, 31 U.S.C. § 71a (1976), which bars claims against the United States not received in the General Accounting Office within 6 years of accrual. Therefore, we consider his appeal to cover only that portion of the claim which accrued on or after March 22, 1970. For the record, however, we note that the Claims Division was correct in finding that the portion of Mr. Connell's claim which accrued prior to March 22, 1970, is barred by 31 U.S.C. § 71a, since the claim was received in the General Accounting Office on March 22, 1976. The record shows that during all portions of the claim Mr. Connell was employed in a GS-15 position by the National Highway Traffic Safety Administration, Department of Transportation. From before March 22, 1970, until September 1971 Mr. Connell served as Acting Chief of the Information Systems Division, a GS-16 position. 1r2-4~

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