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B-220786 1 (1986-03-03)

handle is hein.gao/gaobadmey0001 and id is 1 raw text is: 'I THU COMPYNOLLER OENENAL DBCIOION . OP THU UNITWO DTATES 5WAIHINGTON. O.C. 2084U FILE: 8-220786 DATE: March 3, 1986 MATTER OF: John E. Boren III - Position Reclassification and Backpay DIGEST: 1. An employee was serving in a position classified as grade GS-11. That position was eventually reclassified as grade GS-12. The employee claims entitlement to backpay for period prior to the date of reclassification. The claim was first received in this Office on October 10, 1984. Since the period of the claim spanned 12 years, that portion of the claim which arose before October 10, 1978, is barred from consideration because 31 U.S.C. S 3702(b)(2) (1982) limits considera- tion of such claims on their merits to the 6-year period prior to the date of receipt here. 2. An employee was serving in a position classified at grade GS-11. That posi- tion was eventually reclassified as grade GS-12. The employee claims entitle- ment to backpay for period prior to the date of reclassification, asserting that since the duties performed at the lower grade were the same as those required to be performed at the higher grade, the position should always have been at grade GS-12. The claim is denied. Neither the Classification Act, 5 U.S.C. SS 5101 et seg., nor the Bact Pay Act, 5 U.S.C. $ 5596, creates a substantive right to backpay for a period of alleged improper classification. United States v. Testan, 424 U.S. 392 (1976). John E. Boren III, a former employee of the Forest Service, United States Department of Agriculture, has appealed the disallowance of his claim by settlement of our Claims Group, Z-2854898, May 20, 1985. The issue

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