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B-191118 1 (1978-04-19)

handle is hein.gao/gaobadjac0001 and id is 1 raw text is: 44) Tolynni Lur' , , C, j Iri * COMPTROLLER GENERAL DECISION L0u.. o : THE UNITEO UlTATME W U 8 H I N 0 T 0 N. 0. C. 2 D IS 4 8 FIL-: B-1.91118 DATE: April 19, 19T8 MATTER OF: Zelda Byer - Retroactive Promotion as a Result o illegal Detail DIGEST: Employee of Agency for Internanional Development alleges she was detailed to higher grade position from April 1967 to December 1968. Employee's claim io barred by the statute of limitations applicable to this Office, 31 U.S.C. I 71a, which precludes consideration of a claim not reLeived in this Office within 6 years after the date such claim first accrued. Thus we have no authority to consider such claim. This action involves a request from the Honorable John J. Gilligan, Administrator, Agency for International Devel6pment (AID) for an advance decision on the claim of Ms. Zelda H. Byer, an AID employee, for a retroac.ive' temporary promotion :as a result of an alleged illegal detail to a higher grade position. Me. Byer's claim is a part of a larger Equal ERploymnt Opportunity complaint based on sex and age that alleges certain discriminatory actlons by AID o)fficials. The Administrator of r AID has requested us to rule on r.a alleged illegal detail claim prior to his agency acting on the discrimination complaint. Ms. Byer alleges that whilt. che was t grade IS-525-9 accountant technician she was detailed to t'srade C-510 accountant poaitirn in April 1967. She claims to have servec on this detail until December-1968. It is not clear from the record before us whether the GS-510 accountant position to which :ihe cla.-mb, she was detailed, was a higher grade position. However, this fact is not essential to the outcome of this cape. Pursuant to31 U.S.C. I 71a, governing time limitations on claims rn4 demands, we have no authority to consider a claim that is not -.: ceived in this Office within 6 years after the date such claim first accrued. Statutes of limitation such as the ene referred to above are based on the theory that, even if one has a just cause, it is unjust no- to put the adversary on no ce to defetud within the period of limitution and that the right to ;. free of stale claims

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