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B-190851 1 (1978-02-15)

handle is hein.gao/gaobadfsa0001 and id is 1 raw text is: L. Agazaripan to THE COMPTROLL E9AL ECISION . . .or THs UNITE. . TaE WAiHINGTON. 0. . 0540 FILE: B-190851 DATE: Frury 15, 198 MATTER OF: Donald B. Sylvain -- Claim for Retroactive Compensation DIG3.ST: Public Health Service employee filed with agency on March 19, 1976, a claim for back- pay incident to extended detail to a higher grade position from December 30, 1968, to April 4, 1970. Claim was not received in General Accounting Office until June 14, 1976. It may not be considered since act of October 9, 1940, as amended, 31 U.S.C. 5 71a provides that every claim cognizable by GAO is barred forever unless it is received in GAO within 6 years after date claim accrued. Filing claim with adminis- trative office concerned does not meet requirement of barring act. By letter dated November 8, 1971, Mr. Donald B. Sylvair., an employee of the Department of Health, Educa- tion and Welfare (DREW), Public Health Service, Health Resources Administration (BRA), appealed the action of our Claims Division which returned his claim for backpay as a result of the claim being barred by the statute of limitations. The record shows that on March 19, 1976, Mr. Sylvain filed a claim with the HRA for a temporary promotion and accompanying backpay in connection with a detail to a higher grade position for the period December 30, 1968, to April 4, 1970. The claim was based on decisions of .our Office which held that employees detailzed to higher grade positions for more than 120 days, without Civil Service Commission approval, are entitled to a retroactive temporary promotion, with backpay, for the period beginning with the 121st day of the detail until the detail is terminated. Matter of Everett Turner and David L. Caldwell, 3-183086, December 5, 1f7lr53rtomp. Gen. 539; Matter of Marie Grant, B-184990, February 20, 1976, 55 C.,mp. Gen. 785 (1376). On March 29, 1976, Mr. Sylvain was advised by the Director, Division of Personnel Management, HRA, that DHEW V Y I .1 .-- -i --S 4'. - I I I i

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