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B-198085 1 (1980-11-05)

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                        THE  COMPTROLLER GENERAL
DECISION .     . OF THE UNITED, STATEB
                         W ASHINGTON. D. C. 2054B


FILE: B-198085


MATTER


DIGEST:


DATE: November 5, 1980


OF: Richard C. Bockus - Claim for Retroactive
    Compensationj.

 In December 1978, employee of Forest
 Service filed grievance with employing
 agency for backpay.  Agency found backpay
 necessary because agency failed to promote
 employee when employee was entitled while
 on military furlough from April 1, 1968,
 to March 5, 1972.  Agency found employee
 to have been underpaid since his return
 to duty on March 6, 1972.  Agency sub-
 mitted claim to General Accounting Office
 on March 7, 1980, and it was received on
 March 12, 1980.  Under 31 U.S.C. 71a (1976),
 claim against the United States is barred
 unless presented to this Office within 6
 years from date claim accrues.  Therefore,
 we may not consider any element of claim
 accruing before March 12, 1974.


     By letter dated March 7, 1980, which was received
in the General Accounting Office on March 12, 1980,
Mr. Brad Womack, Authorized Certifying Officer, National
Finance Center, Department of Agriculture transmitted
and requested an advance decision on the claim of
Mr. Richard C. Bockus for a retroactive promotion and
backpay.  The award of a retroactive promotion and
backpay was granted by the Classification.and Pay Group,
Personnel Management Staff, Forest Service, as a remedy
for the failure of the Forest Service to timely process
promotions for Mr. Bockus to which he was found to have
been entitled while he was on military furlough from
April 1, 1968, to March 5, 1972.  The agency found
Mr. Bockus to have been underpaid since his return to
duty on March 6, 1972, as a result of the agency's
failure to promote Mr. Bockus in accordance with agency
and Civl Service Commission regulations. The personnel
management group leader forwarded the payroll action
request to the National Finance Center on September 13,
1979.  However, the Finance Center did not forward the
request to our bffice until March 7, 1980, and it was
received in our Office on March 12, 1980. The National


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