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B-191388 1 (1978-10-03)

handle is hein.gao/gaobadglo0001 and id is 1 raw text is: I a DECIICN FILE: 3-191388 THE COMP POLLUM UNERAL . aPVTHu UNIE gymn TATuE /0/7' WAMINCT UN, D.C. R05Cd 7601f DATh: Oetcber 3, 198 MATTER OF: Richard C. Clough - Claim of Backpay for DetaiL and Wrongful Cl4ssification DIGEST: Employee of Federal Aviation Administration alieges he war detailed to a higher grade position from July.1968 to July 1969. Emplnyee's claim is barred by the statute of limitation which precludes consideration of a claim not received in our Office lthin 6 years after the date first accrued. Claim accrues on the date services in question were performed, not on the date that Turner- Caldwell r's decided. This action concerns an, appeal byRichard C. Clough ftom the denial by our Claims Division of his claim.for aretroactive promotion and backpay between grdes CS-14 and CS-15, from July 26, 1968, to July 7, 1969. The ree4.M shows that Mr. Clough first filed claim for backpay with leneral Acodting Ofiice (GAO) by letter dated May 20, 1976, receivcd June 2, 1976. Our Claims Division denied this claim on the grounds that since it was not received in GAO within 6 years after the date it first accrued, the claim was barred by the statute of limitations of 31 U.S.C. 71a (Supp. V, 1975). Mr. Clough requ$ested reconsideration on, the-ground that his claim was timely filed because it first accrued on December 5, 1975, as the teault of our decision in the 'Matter of Turner-Caldwell, 55 Comp. Gen. 539 (1975), and 34 Comp. Gen. 605 (1955). The Claims Division advised Mr. Clough that on reconsideration his claim was again denied ac not timely filed. Mr. Clough has appealed the nettlement of the Claims Division, specifically requesting a decision as to the meaning of the phrase the date the claim first accrued with rdspect to a claim for backpay under 5 U.S.C. 5596 (1976). For the followig raasons, we find that in this context, the date the claim first accrued refers to the date on which the work in question was performed. In oui ecision, Matter 6f Marie Grant, 55 Comp. Gen. 785 (1976), we ruled that the Turner-Caldwell criteria for promotion and backpay applied retroactively to extended details to higher-grade positions, but only to claims filed within the 6-year period applicable to claims cognizable by I I I-i

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