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B-189829 1 (1977-11-23)

handle is hein.gao/gaobadfik0001 and id is 1 raw text is: a DECISION FILE: B-189829 a THU COMPTROLLER GUNERAL OP THE UNITED STATES WASHiNGTON, D.C. 20548 /1, DATE: November 23, 197' _4P C) DIGEUT; Employee of Dapartment of Army claims backpay because he performed duties of higher grade positions. He claims that forms requesting his promotion were purposefully mi.splaced by the personnel office. Employee does not provide evidence sufficient to show an unjustified or unwarranted personnel action so as to be eligible for backpay under S U.S.C 5596. General rule is that an employee is entitled only to the salary of the position to which he is appointed regardloas of the duties performed. This is in response to a comziunication from Mr. Joseph La Spiva. received on March 8, 1977, which constitutes an appeal to our Claims Division's settlement of February 28, 1977, (Settlement No. Z-2723556). By that settlement, our Claims Division denied Mr. La Spiva's claim for backpay. Mr. La Spiva, an employee of the Department of the Army at the United States Armament Command, Rock Island, Illinois, claims that a Standard Form 52 requesting his rromotion from GS-9 to GS-11 was placed in his file, was forwarded to the personnel office at the Rock Island Arsenial, but was never acted upon. In his letter of November 2, 1976, Mr. La Spiva claimed that this request and other requests for his promotion to GS-12 and GS-13 positions were purposefully misplaced. He states that he performed the duties of GS-11, GS-12 and GS-13 positions and is therefore entitled to $108,462 in backpay. Administrative.report states Mr. La Spiva's claim is not supported by the evidence nor deas his claim provide a specific time-frame for his alleged misassignments. Denial of the claim is recommended. Since the claimant states as of November 2, 1976, the date of his original claim, that the alleged action occurred 6 years before, the statute of limitations may bar his claim. __J I MATTER OF: Joseph La Spiva - Claim for Backpay 1 Lb I

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