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B-189690 1 (1978-02-16)

handle is hein.gao/gaobadfsb0001 and id is 1 raw text is: I LA I I 1A i DECISION . (MilD Peter Isnnicelli THE COMPTROLLER GENERAL OF THE UNITED *TATEM WABMINGTON. D.C. 2008 FILE: B-189690 MATTER DIGEST: DATE: 1nbruar 16, 1978 OF: Sam Friedman, Edwin C. Baker, and Russell A. Holmes, Jr. - Claims for Backpay 1. Employees claim entitlement to retro- active temporary promotions and back- pay for periods they were detailed to and pcrformed duties of higher level positions. Claims were received in GAO on July 18, 1977. Under 31 U.S.C. 71a (Supp. V, 1975), claims against Government cre barred unless received in GAO within 6 years from date claims accrued. For purposes of 31 U.S.C. 71a, filing of claim with.employing agency does not constitute filing with GAO. Therefore, we may not consider an-y element of claims accruing before July 18, 1971. 2. Riployee Holmes claimi entitlement to retroactive temporary promoti'o6n with backpay under IJAO Turner-Caldwell decision, 55 Comp. Gen. 539, for period he was detailed from grade GS-13 position to grade GS-15position (June 1971 - May f973). Employee may not be given retroactivetempoiary promotion to grade 08-15 position because he did not satisfy Whitten Amendmvnt (5 U.S.C. 3101 note) time-in-grade requirements., However, employee is entitled to a retroactive temporary promotion to the highest grade to twhich he could have been promoted under Whitten Amendment and other applicable requirements which in Holmes' case is grade 03-14. _ ____ I w 'V I., I * I '1 i :1 I i.,. I

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