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B-198392 1 (1980-11-28)

handle is hein.gao/gaobadism0001 and id is 1 raw text is: S DIGEST: Employee claims retroactive promotion and backpay on basis of our Turner-Caldwell decisions for performing higher level duties. Claim is denied since employee has failed to meet burden of proof to support claim that he was detailed to and performed the duties of a higher grade position. By a.letter dated March 5, 1980, Mr. Frank A. Alfano appealed our Claims Division's December 12, 1979 disallowance of his claim for a retroactive temporary promotion and backpay from May 21, 1972, through April 29, 1978. For the reasons set forth herein we affirm the disallowance of Mr. Alfano's claim. Mr. Alfano's claim was first received in the General Accounting Office on May 30, 1978. Therefore, that portion of the claim which accrued prior to May 30, 1972, is barred by the act of October 9, 1940, 54 Stat. 1061, as amended, 31 U.S.C. § 71a (1976), which provides that any claim not received in the General Accounting Office within 6 years after the date the claim accrued is barred from consideration. -Although Mr. Alfano did not appeal that portion of his claim which was disallowed on the basis of the act of October 9, 1940, for the record we note that the action taken by the Claims Division in this matter was correct. Mr. Alfano claims a retroactive temporary promotion and backpay on the basis that he performed the duties of a GS-12 engineer position from May 21, 1972, through April 29, 1978, while appointed to a GS-11 engineer position at the U.S. Army Armament Research and Development Command, Picatinny Arsenal, New Jersey. In support of his claim Mr. Alfano provides the following documentation: (1) a career appraisal form dated in September of 1971 which includes the statement that he had demonstrated his ability to perform at the GS-12 level and recommended his promotion to GS-12, (2) a career appraisal form signed by Mr. Alfano in October 1972 which states that 4 Y THE COMPTROLLER GENERAL DECISION. OF THE UNITED STATES WA SH IN GTON. D .C . 2 0 5 4 8 FILE: B-198392 DATE: November 28, 1980 MATTER OF: Frank A. Alfano -lRetroactive Temporary Promotion and /.ac I/,)

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