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B-195665 1 (1979-11-06)

handle is hein.gao/gaobadhsc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION O THE UNITED STATES WASHINGTON. D.C. 20548 ED. L FILE: B-195665 MATTER DIGEST: DATE: November 6, 1979 OF: Frank Dudley -EClaim for Retroactive Promotion and Backpaj GS-13 employee is not entitled to retroactive temporary promotion and backpay under rationale of Turner-Caldwell decisions. Part of his claim prior to March 14, 1972, is barred under 31 U.S.C. § 71a as it was not received in GAO until March 14, 1978, and employee was not detailed to higher-graded GS-14 position during remaining period of claim. Record shows employee was assigned to position classified on March 1, 1972, at GS-13 level and he should have appealed classification to agency or Civil Service Commission. This action is in response to the appeal of Mr. Frank Dudley of our Claims Division settlement dated May 18, 1979. The settlement denied his claim for a retroactive temporary promotion and backpay. X For the reasons stated below we sustain the settlement. Mr. Dudley, who occupied a GS-13 position, states that he performed the higher-graded duties of a GS-14, Chief, Data Transmission Section, .Kennedy Space Center, during the period January 1969 to January 21, 1973. Thus, he contends he is entitled to a temporary promotion and backpay on the basis of our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977), which held that employees are entitled to tem- porary promotions for extended details to higher-level positions, provided they meet certain requirements. Mr. Dudley's claim was filed in this Office on March 14, 1978. Section 71a of title 31, United States Code, provides that any claim cognizable by the General Accounting Office which is not received in GAO within 6 years after the date the claim accrued is barred from consideration. Consequently, the portion of Mr. Dudley's claim which arose prior to March 14, 1972, cannot be considered. Mr. Dudley's main contention in support of his request for review is that GS-14 employees were assigned to the Chief's position both prior and subsequent to the date he occupied it. The record shows that the osition which Mr. Dudley held as Chi b¶th+e Data Transmission Sectio was classified on March 1, 1972,ksl /~7 -) 4 4 ~n 7 ~+

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