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B-209115 1 (1983-05-24)

handle is hein.gao/gaobadlcb0001 and id is 1 raw text is: Q.. 5 %2.3 9- DECISION FILE: B-20911 MATTER OF: DIGEST: 5 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, O.C. 2054S DATE: may 24, 1983 Michael Halik - Claim for Retroactivo Promotion Incident to Overlong Detaill An employee of the Department of the Army claims a retroactive temporary pro- motion with backpay under our Turner- Caldwell decisions for having performed the duties of a higher graded position during an overlong detail from May 14, 1972 through January 4, 1980. However, the Court of Claims ruled in Wilson v. United States, Ct. Cl. No. 324-81C, Order, October 23, 1981, that employees have no entitlement under the applicable statute or regulations to temporary promotions for overlong details. Since we have accepted the Wilson'decision and no longer follow our prior Turner-Caldwell decisions with respect to pending or future cases, the em- ployee's claim is denied. See Turner-Caldwell III, B-203564, May 25, 1982, 61 Comp. Gen. 408. Mr. Michael Halik has appealed our Claims Group settlement (Z-2844097, August 11, 1982) barring considera- tion of a portion--and denying the balance--of Mr. Halik's claim for a retroactive temporary promotion and backpay incident to an alleged overlong detail for the period from May 14, 1972 through January 4, 1980. Pursuant to 31 U.S.C. 5 3702 (formerly 31 U.S.C. S 71a) which provides that a claim must be received in GAO within 6 years after the date it accrued, our Claims Group barred consideration of that portion of Mr. Halik's claim arising more than 6 years before July 19, 1982, when Mr. Halik's claim was .received in this Office. Our Claims Group denied the balance of his claim on the basis of Turner-Caldwell III. ._ B-203564, May 25, 1982, 61 Comp. Gen, 408, where we ruled that we will follow the decision by the Court of Claims in A. Leon Wilson v. United States, Ct. Cl. No. 324-81C, Order, October 23,, 1981, which reaches the opposite result from our orior Turner-Caldwell decisions. Therefore, we no longer follow our prior Turner-Caldwell decisions.

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