[Claims for Retroactive Temporary Promotions]

B-196652: Mar 22, 1983

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An employees union appealed a Claims Group denial of the claims of 18 National Guard technicians for retroactive temporary promotions and backpay in light of decisions by the U.S. Court of Claims and GAO. In the appeal, it was contended that these decisions should not preclude favorable settlement of these claims because it had been determined that these individuals were eligible for backpay and the claims were not pending, but settled except for the administrative task of determining the specific amount due each individual. GAO found that the decisions had not settled any claim but merely removed a barrier which would have precluded consideration of the claims. The claims were returned to the National Guard Bureau which denied the claims, and the denial was appealed to the Claims Group which sustained the denial. Since the claims had not been settled and were pending at the time of the Court of Claims and GAO decisions, those decisions precluding payment of the claims were applicable. Accordingly, the Claims Group denial of the claims was sustained.