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B-196652 1 (1983-03-22)

handle is hein.gao/gaobadkyl0001 and id is 1 raw text is: 


DECISION





FILE:   B-196652


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0.C. 20548




      DATE:  March 22, 1983


MATTER OF: Jose Lujan, et al.


DIGEST:


Action of Claims Group, AFMD, denying claims
for retroactive temporary promotions and
backpay of 18 National Guard technicians
on basis of Wilson v. United States,
Ct. Cl. No 324-81C, Order, October 23, 1981,
and Turner-Caldwell III, 61 Comp. Gen. 408
(1982) is sustained. Previous decision of
Comptroller General in Matter of Lujan,
B-196652, January 11, 1980, only removed
technical barrier which precluded con-
sideration of these claims on the merits.
It did not constitute a settlement of the
claims.


     By a letter of September 21, 1982, James M. Peirce,
President, National Federation of Federal Employees,
appealed Settlement Certificates issued on August 25,
1982, by Claims Group, AFMD, to the following 18
individuals:


Jose Lujan Z-2493547
William Compton Z-2800439
Eloy Olona Z-2800441
Herman Lucero Z-2800443
Eloy Duran Z-2800488
Terrill Kawcak Z-2493498
Virgilio Lopez Z-2493414
Lawrence Martinez Z-2493533
Albert Baldonado Z-2493476


Andrew Morris Z-2493401
Steve Vigil Z-2800438
Carl Pontecorvi Z-2800442
Charles Olona Z-2493493
Joseph White Z-2800448
Richard Gwozdz Z-2800440
Kent Clark Z-2800445
Joseph Sanchez Z-2800446
Kenneth Smart Z-2800447


The settlements denied the claims of the above-named
individuals for retroactive temporary promotions and
backpay in light of the decision of the United States
Court of Claims in Wilson v. United States, Ct. Cl.
No. 324-81C, Order, October 23, 1981, and the Comptroller
General's holding in Turner-Caldwell III, 61 Comp. Gen.
408 (1982). The denial of the claims of the 18 named
individuals by the Claims Group on August 25, 1982, is
sustained, since the Wilson and Turner-Caldwell III


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