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B-196613 1 (1980-03-05)

handle is hein.gao/gaobadibj0001 and id is 1 raw text is: 0 E- 1 DECISIC3Il61 FILE: B-196613 IZf~I i 1z11-0 ,LER~~ 1 *' Q.w- 0 , THE COMPTROLLER GENERAL j j'd . OF THE UNITED STATES WASHINGTON, O C. 20548 DATE: March 5, 1980 MATTER OF: Donald F. Mela OIGEST: 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 supergrade position, 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. Donald F. Mela, through his attorney, appealed our Claims Division's settlement issued September 6, 1979, which disallowed his Ilaim for a-retroactive temporary promotion and backpgo In his appeal Mr. Mela does not mention that portion of his claim prior to February 3, 1971, which the Claims Division found to be barred by the act of October 9, 1940, 54 Stat. 1061, 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 February 3, 1971. For the record, however, we note that the Claims Division was correct in finding that the portion of Mr. Mela's claim which accrued prior to February 3, 1971, is barred by 31 U.S.C. § 71a since the claim was received in the General Accounting Office on February 3, 1977. The record shows that during all portions of the claim Mr. Mela was employed in a GS-15 position by the National Highway Traffic Safety Administration, Department of Transportation. From before February 3, 1971, until December 1, 1972, and from September 3, 1974, until May 25, 1975, Mr. Mela appears to have served as Acting Chief of the Mathematical Analysis Division, a GS-16 position. W '.- ~'

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