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B-206931 1 (1982-08-30)

handle is hein.gao/gaobadkov0001 and id is 1 raw text is: t - IIA311 DECIBION THE COMPTROLE r(ENEIItAL OF THE UNITED ETATEE WASHINGroN, 0,., 0548 FILE: B-206931 MATTER OF: DATE: John H. Kerr - August 30, 1932 Backpay Computation DIGEST: 1. An employee who successfully appealed his separation from the National Endowment for the Arts before the Merit Systems Protection Board (MSPB), contests the resulting backpay award. He contends he is en- titled to reJ;nbursement of moving and ntorage expenses associated with his separation and subsequent reinstatement, interest on the backpay, and, as compensatory damages, the severance pay which was deducted from his backpay award. Neither the Back Pay Act, 5 U.S.C. S 5596 (Supp. III 1979), nor any other authority provides for payment of interest or com- pensatory damages. Similarly, there is no provision for payment of incidental expenses such as moving and storage expenses, in- curred by an employee as a con- sequence of an unjustified or unwarranted personnel action. rhe severance pay was properly deducted from the backpay award. 2. An employee who successfully ap- pealed his separation from his agency before the Merit Systems Protection Board (MSPB), claims reimbursement of legal fees. Since the legal fees claimed relate to the services of an at- torney in connection with the appeal to MSPB and not GAO, pay- ment of such foes is for con- sideration by MSPB under 5 U.S.C. S 7701 (g)(1) (Supp. IiI 1979). %I*

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