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B-231927.2 1 (1990-02-12)

handle is hein.gao/gaobadnrp0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 0548 Decision Yukio Fujikawa - Request for Additional Mattero Compensation - Reconsideration File: B-231927.2 Date: February 12, 1990 DIGEST An employee, who exercised his reemployment rights under 10 U.S.C. S 1586 (1982), accepted a demotion and returned from overseas to his prior position in Hawaii. Upon recon- sideration, he is entitled to additional compensation since the agency set his rate of basic pay at less than that to which he would have been entitled if he had not been assigned to duty outside the United States. The term basic pay includes the special rate of pay he received under 5 U.S.C. S 5303 before his overseas assignment. Decision Yukio Fujikawa, B-231927, Feb. 3, 1989, is overruled. DECISION Mr. Fujikawa, a former employee of the Department of the Navy, has appealed our denial of his claim for additional compensation in our decision Yukio Fujikawa, B-231927, Feb. 3, 1989. Mr. Fujikawa alleges that his salary was erroneously set by the Navy upon his return from an overseas assignment in 1974. For the reasons that follow, our Feb. 3, 1989, decision is overruled and Mr. Fujikawa's claim for additional compensation is allowed to the extent it is not time-barred.i/ It is necessary to only briefly restate the facts here since they are more fully set out in our prior decision. Mr. Fujikawa was employed by the Navy at the Pearl Harbor Naval Shipyard in Hawaii in 1966 as an engineer, grade GS-1, step 7, where he received a special rate of pay established for engineers under the provisions of 5 U.S.C. S 5303 (1970). I/ That portion of Mr. Fujikawa's claim which accrued prior to December 29, 1981, is barred by the statutory limitation in 31 U.S.C. S 3702(b)(1) (1982).

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