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B-193892 1 (1979-11-14)

handle is hein.gao/gaobadhsq0001 and id is 1 raw text is: ,< -0.1ER G Vl2,0 2( THE COMPTROLLER GENERAL DECISION OF THE UNITED sTATES WASHINGTON, D.C. 20548 N), ITEO FILE: B-193892 DATE:November 14, 1979 MATTER OF: Harry D. Carlson - Claim for backpay DIGEST: Employee claiming backpay for overlong detail may not be paid where record fails to support contention that employee was actually detailed to higher graded position and lower grade clas- sification of position occupied by him was sus- tained by Civil Service Commission on appeal. This action is in response to an appeal by Mr. Harry D. Carlson from our Claims Division's settlement certificate of November 24, 1978, by which his n1aim for retroactive temporary promotion and backpay was denied. Mr. Carlson, an employee at the U.S. Army Armament Research and Development Command, Picatinny Arsenal, Dover, New Jersey, claims that he is entitled to a retroactive temporary promotion and backpay from June 25, 1971, to March 19, 1977. On June 24, 1971, while Mr. Carlson was employed as a Supervisory Management Technician, GS-11, the Civilian Personnel Office apparently issued a form DD 95 which purported to establish Job No. 14638-S, a GS-12 Administrative Officer position. The position announcement was posted with a closing date of August 10, 1971. Mr. Carlson applied for that position but his SF 52 was disapproved and returned on October 27, 1971. Mr. Carlson states that Job No. 14638-S was based on his duties and responsibilities in the Nuclear Development and Engineering Directorate (NDED) and that he was continually detailed to those GS-12 duties and responsibilities until he was reassigned through a reduction in force effective March 20, 1977. Mr. Carison based his claim for backpay on this alleged detail in accordance with Reconsideration of Turner-Caldwell, 56 Comp. Gen. 427 (1977) in which the Comptroller General affirmed earlier determinations that employees detailed to higher graded position for more than 120 days without prior Civil Service Commission (CSC) approval are entitled to retroactive temporary promotion if certain conditions are met. During the time period Mr. Carlson claims he was detailed to Job No. 14638-S, the record shows that he was reassigned to the position of Administrative Officer, GS-11, Job No. 14638.1-S, effective July 23, 1972. Effective June 22, 1975, while the title, 40 k~V\

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