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B-194682 1 (1979-08-08)

handle is hein.gao/gaobadhma0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WA-SHINGTON, 0. C. 20548 FILE: B-194682 pu O' DATE: August 8, 1979 MATTER OF: _)$George E. Nelson DIGEST: When an employee performs duties which should be assigned to a position in a higher grade than the one he occupies, no right to.increased pay exists until a higher grade position is officially classified and the employee is appointed to it. This action is in response to a letter dated February 9, 1979, from Mr. George E. Nelson, a civi4ian employee of the Department of the Air Force, conc rning hisLclaim for retroactive temporary promotion and backpay for the period March 9, 1970, through Janu- ary 14, 1973. The matter of this claim was the subject of a settlement by our Claims Division which disallowed that portion of the claim which antedated November 1, 1971, based on the provisions of. the barring act. The remainder was disallowed on the basis that while Mr. Nelson may have performed duties which if properly graded would have been placed in a higher grade, since there was no established position for those duties at such a higher grade, no substantive right to increased pay accrued during that period. The request for review is limited to the disallowance of that part of the claim not barred. Mr. Nelson contends-that the documents submitted with his claim shows that an official position was being created; that he was selected from the promotion roster to fill that position and that he performed all of the position duties from March 9, 1970, through January 14, 1973. The file reflects that Mr. Nelson was employed at Norton Air C0,54.orce Base,_Cal1ifo-rn-ia, as a Personnel Management Specialist, grade GS-ll. In March 1970, a reorganization of the Base Civilian Personnel Office was proposed, developed and submitted to appro- priate base authority for approval. One of the new positions proposed to be created was the position of Supervisory Personnel Staffing Specialist, GS-212-12. At the same time that the reor- ganization plan was being developed a promotion roster for the position in question was prepared and Mr. Nelson was selected to fill the to be created position.

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