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B-193975 1 (1979-10-03)

handle is hein.gao/gaobadhqn0001 and id is 1 raw text is: 


      THE COMPTROLLER GENERAL
S     OF  THE   UNITED STATES
      W/ASHINGTON, O.C. 2054S


FILE: B-193975


DATE:  October 3 1979


MATTER  OF:  Francis W. Mcfonnell --Retroactive
             Temporary Promotion and Backpay)


DIGEST:


Civilian employed by Department of the Navy
as an assistant meatcutter claims a retroactive
temporary promotion and backpay while performing
higher level duties of a meatcutter in light of
decision in Turner-Caldwell, 56 Comp. Gen. 427
(1977). Claim is denied as employee has not
presented evidence which establishes that he
was detailed to meatcutter position and that
he performed the full range of duties of the
higher grade position.


    By letter of December 18, 1978, Mr. Francis W. McConnell
appeals the disallowance of our Claims Division of his
claim for a retroactive temporary promotion and backpay
for the period June 1, 1972, to the present. The Claims
Division disallowed the claim on the basis that while
Mr. McConnell may have performed duties which would
ordinarily be performed by an employee classified at
a higher grade, he had not presented sufficient evidence
to establish that he was detailed to a higher grade position.
The record sustains the disallowance of Mr. McConnell's
claim.

     Mr. McConnell is employed as an assistant meatcutter,
WG-5, by the Department of the Navy, Navy Commissary Store
Region, San Diego.  He-claims a temporary retroactive
promotion with backpay incident to his alleged detail
from June 1, 1972, to the position of meatcutter, WG-8.

     The record shows that the duties of a meatcutter, WG-8
position, as set forth in the official position description
include cutting, trimming and shaping meat using knives,
cleavers, band saw, etc; inspecting meat for quantity and
quality, assisting in the training of military meat-
cutters, etc. The meatcutters also assist their supervisor
in making periodic cutting tests to determine the proper
price for various cuts.

     Mr. McConnell has submitted as evidence of his detail
the following statement signed by three foremen, a store
worker foreman and two meatcutter foremen.


DECISIOiN

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