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B-191472 1 (1978-05-17)

handle is hein.gao/gaobadgaf0001 and id is 1 raw text is: I C. Brown. THE COMPTROLLER CEENRAL CECIUION . UP THE UNITED UTATEU WAUHINGOON. D. C. ROSE B-101472' DATE: NO 17 1978 OF: Lewis A. Cnpe - Retroactive Temporary Promotion Employee claims retroactive promotion, backpay, and within-grade adjustment on basis of alleged detail to higher grade position from October 1, 1966, to May 1, 1968. Portion of claim before August 16, 1971, is barred by 31 U.S.C. S 71a (Supp. V, 1975) because claim was not received in GAO until Auigust 16, .1977. Rema- der of claim is disallowed. Employee could not have been temporarily promoted during period of alleged detail since higher grade position had not been classified and established in his office at that time and, therefoo:2, his pay rate was properly set at time of his promotion to higher grade. Through his attorney, Mr. Lewis A. Cope appealed Certificate of Settlemcnt No. Z-2769137, issued January 20, 1978, by our Claims DiviLo'n, which disallowed his claim for a retroactive temporary promotion with backpay and an ajustment of his within-grade step. The detail allegedly occurred from October 1, 1966, to May 1, 1968, while Mr. Cnpe was employed by the Department of the Navy in the Non-Destructive Test Division of the Quality and Reliability Assurance Department of Charleston Naval Shipyard, Charleston, South Carolina. The Claims Division held that Mr. Cope's claim for a temporary promotion and backpay incident to the alleged detail and that portion of his claim for a within-grade step prior to August 16, 1971, was barred by 31 U.S.C. 5 77a (Supp. V, 1975). The claim for a retroactive adjustment of his within-grade step for the period beginninq August 16, 1971, was disallowed as che position to which Mr. Cope states he was detailed had not been classified at the time of the detail and, thus, there was no position to which he could have been promoted. The position to which Mr. Cope was allegedly detailed from October 1, 1966, to May 1, 1968, was that of Production Controller (Ships), GS-9. In his appeal Mr. Cope states that the position had been classified at the time of his detail; and he has provided a copy of a Standard Form 50, Notice of -i -LjI-j I I MATTER DIGEST: 9-.- -v I 6

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