B-187427, JUNE 3, 1977
Highlights
IT WAS NOT RECEIVED IN GAO UNTIL SEPTEMBER 14. QUALIFIED FOR PROMOTION EMPLOYEE IS ENTITLED TO TEMPORARY RETROACTIVE PROMOTION AND BACK PAY. THE PERIOD NOT BARRED BY STATUTE OF LIMITATION WHEN CLAIM WAS RECEIVED IN GAO. WAS DESIGNATED ACTING CHIEF. EFFECTIVE ON WHICH DATE HE WAS PROMOTED TO CHIEF. THE GRADE GS- 15 CHIEF POSITION WAS IN EXISTENCE AND VACANT DURING HIS ENTIRE TENURE AS ACTING CHIEF. IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL SEPTEMBER 14. MOORE IS ENTITLED TO A TEMPORARY RETROACTIVE PROMOTION AND BACK PAY UNDER THE PROVISIONS OF OUR DECISION IN THE MATTER OF RECONSIDERATION OF EVERETT TURNER AND DAVID L. MOORE'S CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL SEPTEMBER 14.
B-187427, JUNE 3, 1977
GS-14 EMPLOYEE DESIGNATED TO ACT IN GS-15 POSITION FROM OCTOBER 21, 1969, TO OCTOBER 4, 1970, FILED BACK PAY CLAIM WITH HIS AGENCY ON MARCH 31, 1976, BUT IT WAS NOT RECEIVED IN GAO UNTIL SEPTEMBER 14, 1976. QUALIFIED FOR PROMOTION EMPLOYEE IS ENTITLED TO TEMPORARY RETROACTIVE PROMOTION AND BACK PAY, BUT ONLY FOR SEPTEMBER 14, 1970, THROUGH OCTOBER 3, 1970, THE PERIOD NOT BARRED BY STATUTE OF LIMITATION WHEN CLAIM WAS RECEIVED IN GAO, SINCE FILING WITH AGENCY DOES NOT SATISFY REQUIREMENTS OF THIS STATUTE.
JOHN B. MOORE - DETAIL TO HIGHER GRADE POSITION:
BY LETTER DATED SEPTEMBER 10, 1976, AND RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 14, 1976, MR. FLETCHER R. BRANDE, CHIEF, ACCOUNTING OPERATIONS DIVISION, FEDERAL AVIATION ADMINISTRATION, TRANSMITTED AND REQUESTED AN ADVANCE DECISION ON THE CLAIM OF MR. JOHN B. MOORE FOR A TEMPORARY RETROACTIVE PROMOTION AND BACK PAY BASED ON A DETAIL TO A POSITION OF HIGHER GRADE FOR A PERIOD IN EXCESS OF 120 DAYS.
MR. MOORE, THEN OCCUPYING A GRADE GS-14 POSITION, WAS DESIGNATED ACTING CHIEF, ADMINISTRATIVE STANDARDS DIVISION, ON OCTOBER 21, 1969, AND SERVED IN THAT CAPACITY UNTIL OCTOBER 4, 1970, EFFECTIVE ON WHICH DATE HE WAS PROMOTED TO CHIEF, ADMINISTRATIVE STANDARDS DIVISION GS 15. THE GRADE GS- 15 CHIEF POSITION WAS IN EXISTENCE AND VACANT DURING HIS ENTIRE TENURE AS ACTING CHIEF. MR. MOORE FILED HIS CLAIM WITH HIS AGENCY ON MARCH 31, 1976, BUT IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL SEPTEMBER 14, 1976.
IF HE MET THE STATUTORY AND REGULATORY REQUIREMENTS FOR PROMOTION, INCLUDING THE TIME IN GRADE REQUIREMENTS, MR. MOORE IS ENTITLED TO A TEMPORARY RETROACTIVE PROMOTION AND BACK PAY UNDER THE PROVISIONS OF OUR DECISION IN THE MATTER OF RECONSIDERATION OF EVERETT TURNER AND DAVID L. CALDWELL, B-183086, MARCH 23, 1977, 56 COMP.GEN. . . . .
HOWEVER, THIS PROMOTION AND BACK PAY MAY BE GRANTED ONLY FOR THE PERIOD OF SEPTEMBER 14 THROUGH OCTOBER 3, 1970, SINCE MR. MOORE'S CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL SEPTEMBER 14, 1976. SECTION 71A OF TITLE 31, U.S.C. EXPLICITLY BARS CLAIMS WHICH ARE NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 6 YEARS AFTER THE DATE THEY FIRST ACCRUE. WE ARE WITHOUT AUTHORITY TO WAIVE OR MODIFY THE APPLICATION OF THIS STATUTE AND IT HAS BEEN CONSISTENTLY HELD THAT FILING A CLAIM WITH THE ADMINISTRATIVE OFFICE DOES NOT SATISFY ITS REQUIREMENTS. SEE 53 COMP.GEN. 148 (1973), AT PAGE 155.
MR. MOORE'S CLAIM IS RETURNED HEREWITH AND MAY BE SETTLED IN ACCORDANCE WITH THE FOREGOING.