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B-201946 1 (1981-06-16)

handle is hein.gao/gaobadjlt0001 and id is 1 raw text is: DECISION FILE: B-201946 MATTER DIGEST: THE COMPTROLLER GENERA~dZ( OF THE UNITEO STATES WASHINGTON. 0.C. 20548 Iq DATE: June 16, 1981 OF: Mrs. Katie B. Keys - Retroactive Temporary Promotion VA Food Service Worker, WG-3, whose position description provided for substituting for WG-4's, during their absences, seeks backpay under Turner-Caldwell, claiming detail to the WG-4 position for 528 days over 4-1/2 years - initially 2 days a week regularly and more during extended absences of WG-4's and full time last 115 days. Claim was timely filed with VA but part was over 6 years old when received in GAO. This part must be disallowed even if delay was fault of VA since 31 U.S.C. 71a bars without exception all claims not received in GAO within 6 years. Remainder of claim must also be dis- allowed in absence of evidence of any single period of detail exceeding 120- day limitation on VA's detail author- ity or of VA's intent to circumvent this limitation. Mrs. Katie B. Keys, a food service worker (FSW) employed at the Veterans Administration (VA) Medical Center, Martinez, California, appeals the denial of her claim for a retroactive temporary promotion and backpay by our Claims Group. Mrs. Keys contends she is entitled to backpay under Turner-Caldwell, 55 Comp. Gen. 539 (1975), affirmed 56 Comp. Gen. 427 (1977), which holds that an employee who is detailed to a classified position in higher grade for a period in excess of 120 days without Civil Service Commission approval is entitled to a retroactive temporary promotion and backpay for such period provided all requirements for such a promotion would have been met. She alleges that while she was assigned to an FSW, WG-3 position she performed the duties of an FSW, WG-4 position for a total of 528 days over a 4-1/2-year period extending from September 1973, to March 12, 1978. She states that initially e2/c,279' L/r

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