B-133680, SEP. 20, 1957

B-133680, SEP. 20, 1957

TO MISS VEVA B. WARD, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF JULY 3, 1957, REQUESTS A DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. KIRK V. CAMMACK, COVERING RETROACTIVE COMPENSATION CLAIMED AS A RESULT OF AN ADMINISTRATIVE FAILURE TO ALLOW CREDIT FOR CERTAIN SERVICE TOWARD PERIODIC WITHIN GRADE PAY INCREASES.

IT APPEARS FROM THE INFORMATION CONTAINED IN YOUR LETTER AND THE ENCLOSURES THERETO THAT, EFFECTIVE FEBRUARY 13, 1946, MR. CAMMACK, AN EMPLOYEE OF THE GEOLOGICAL SURVEY WITH HEADQUARTERS IN DENVER, COLORADO, WAS PROMOTED FROM GRADE P-4 TO GRADE P-6 INCIDENT TO AN ASSIGNMENT TO A POSITION IN JAPAN. THEREAFTER EFFECTIVE SEPTEMBER 8, 1946, MR. CAMMACK'S GRADE WAS REDUCED FROM P-6 TO P-4 TO REFLECT TERMINATION OF HIS ASSIGNMENT IN JAPAN. THE SOLE QUESTION PRESENTED IS WHETHER THE PERIOD OF SERVICE IN GRADE P-6 INCIDENT TO MR. CAMMACK'S ASSIGNMENT IN JAPAN IS CREDITABLE IN DETERMINING THE EFFECTIVE DATES OF HIS PERIODIC WITHIN GRADE PAY INCREASES IN THE P-4 POSITION TO WHICH HE WAS RESTORED FOLLOWING THE TERMINATION OF HIS ASSIGNMENT IN JAPAN.

IN OUR DECISION OF AUGUST 18, 1950, B-96674, 30 COMP. GEN. 82, WE HELD THAT EMPLOYEES WHO RECEIVE PROMOTIONS FOR PERIODS OF SHORT DURATION KNOWN IN ADVANCE TO BE TEMPORARY ARE ENTITLED, UPON RESTORATION TO THEIR REGULAR POSITIONS, TO WITHIN GRADE SALARY ADVANCEMENTS AFTER THE EXPIRATION OF THE REQUIRED WAITING PERIOD FROM THE LAST EQUIVALENT INCREASE RECEIVED IN THEIR REGULAR POSITIONS PRIOR TO SUCH TEMPORARY ADVANCEMENTS.

WHILE MR. CAMMACK'S PROMOTION EFFECTIVE FEBRUARY 13, 1946, DID NOT EXPRESSLY STATE THAT IT WAS FOR A TEMPORARY PERIOD, APPARENTLY IT WAS UNDERSTOOD TO HAVE BEEN FOR A PERIOD OF BRIEF DURATION AND THAT MR. CAMMACK'S GRADE WOULD BE CHANGED FOLLOWING THE TERMINATION OF HIS ASSIGNMENT IN JAPAN. IN THIS CONNECTION YOU STATE IN YOUR LETTER:

"HOWEVER, IT WAS NOT EXPECTED THAT HE REMAIN IN JAPAN FOR LONGER THAN SIX MONTHS, AND HIS 9/8/46 CHANGE TO LOWER GRADE STATED IN THE JUSTIFICATION FOR THE ACTION THAT HE WAS "TEMPORARILY DETAILED TO THE MILITARY GEOLOGY UNIT IN JAPAN FOR APPROXIMATELY SIX MONTHS.'"

WE ARE OF THE OPINION THAT MR. CAMMACK'S CASE FALLS WITHIN THE PRINCIPLE ENUNCIATED IN OUR DECISION OF AUGUST 18, 1950, AND THAT THEREFORE THE EFFECTIVE DATES OF THE PERIODIC ADVANCEMENTS IN QUESTION SHOULD BE AMENDED RETROACTIVELY TO REFLECT CREDIT FOR THE PERIOD OF SERVICE IN JAPAN.

WE INVITE YOUR ATTENTION, HOWEVER, TO THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, BARRING CLAIMS MORE THAN 10 YEARS OLD FROM BEING CONSIDERED BY THIS OFFICE AND TO PARAGRAPHS 13 AND 14 OF GENERAL REGULATIONS NO. 131, REVISED MARCH 21, 1957, THE EFFECT OF WHICH WOULD BE TO PRECLUDE PAYMENTS BY ADMINISTRATIVE AGENCIES COVERING PERIODS IN EXCESS OF 10 YEARS FROM THE DATE SUCH CLAIMS FIRST ACCRUED. WHILE MR. CAMMACK HIMSELF HAS NOT PRESENTED ANY CLAIM HERE FOR SETTLEMENT, WE ACCEPT THE DATE OF THE RECEIPT OF YOUR LETTER, JULY 5, 1957, AS THE DATE OF RECEIPT IN THE GENERAL ACCOUNTING OFFICE OF MR. CAMMACK'S CLAIM. ACCORDINGLY, HE WOULD BE ENTITLED TO PAYMENT IN ACCORDANCE WITH THIS DECISION ONLY FOR THE 10-YEAR PERIOD NEXT PRECEDING JULY 5, 1957.

WE NOTE ALSO THAT AN ERROR APPEARS IN THE COMPUTATION ON THE REVERSE SIDE OF THE VOUCHER WHICH YOU TRANSMITTED HERE IN THAT THE PERIODIC STEP INCREASE FROM $5,733.60 TO $5,984.40 IS SHOWN TO HAVE BEEN EFFECTIVE ON JULY 11, 1948, WHEREAS SUCH EFFECTIVE DATE SHOULD HAVE BEEN JULY 25, 1948. THIS FACTOR, OF COURSE, WILL CHANGE THE EFFECTIVE DATES OF THE SUBSEQUENT PERIODIC STEP INCREASES TO JANUARY 22, 1950, AND JULY 22, 1951, AND THE AMOUNT OF RETROACTIVE PAY DUE NECESSARILY WILL HAVE TO BE RECOMPUTED.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT, SUBJECT, OF COURSE, TO A CORRECT COMPUTATION OF THE AMOUNT DUE IN ACCORDANCE WITH THIS DECISION.