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B-230396 1 (1988-06-15)

handle is hein.gao/gaobadncy0001 and id is 1 raw text is: . The Comptroller General of the United States Washington, D.C. 20548 /Decision Matterof. Carmine A. Barone - Backpay - Barring Act File: B-230396 Date: June 15, 1988 DIGEST An employee's claim for backpay, which accrued more than 6 years from the date the claim was filed in GAO, is barred by the 6-year limitation set forth in 31 U.S.C. S 3702(b) (1982). Although the employee argues that the delay in filing the claim with GAO was due to the agency's failure to advise him of his right to appeal its decision to GAO, we have consistently held that we are without authority to waive or modify the application of 31 U.S.C. S 3702(b). DECISION Mr. Carmine A. Barone has appealed the determination by our Claims Group (Z-2864701) dated September 21, 1987, that his claim for backpay is barred under 31 U.S.C. S 3702(b) since it was not received by the General Accounting Office within the 6-year time limitation specified in that provision. For the reasons stated below, we sustain the Claims Group's determination. BACKGROUND Mr. Barone, a grade GS-13 Safety Specialist with the Occupational Safety and Health Administration (OSHA), Department of Labor, contends that he was required to perform the duties of a grade GS-14 Area Director from February 2, 1975, until June 3, 1979. Mr. Barone claims that he contacted the Region VII Regional Administrator for OSHA in March 1979 and requested backpay for the period of time he was performing the duties of a grade GS-14 Area Director. Mr. Barone states further that this request was denied by the Regional Administrator. The first written claim by Mr. Barone for backpay was a memorandum to OSHA dated August 19, 1986. This claim was denied by the agency on November 14, 1986, based on the agency's determination that the 6-year statutory time & 4-) 45 / 16 Ceo N

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