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B-195923 1 (1979-11-26)

handle is hein.gao/gaobadhte0001 and id is 1 raw text is: ',. FILE: B-195923 DATE: November 26, 1979 MATTER OF: Donald L. Colbert - Retroactive Temporary Promotion and Backpay GS-13 employee performed duties of position which was subsequently classified as a GS-14 position. Claim may not be paid for the period prior to classification since decisions of Comptroller General hold that an employee is entitled to backpay and retroactive temporary promotion only if the detail is to an officially classified higher grade position. After the position was classified as a GS-14, employee was detailed to the position for 3 months. Claim may not be paid for this period since regulations and our decisions allow retroactive temporary promotion and backpay only after employee has been detailed to a higher grade position for over 120 days. This action is in response to the appeal by Mr. Donald L. Colbert of our Claims Division Settlement Certificate Z-2812374, dated June 26, 1979, denying his Ei aim for a retroactive temporary promotion and backpay for the period that he performed higher level duties. The question pre- sented for our decision is whether Mr. Colbert has presented sufficient evidence to document the alleged detail to an officially established position. Mr. Colbert was employed by the Department of the Air Force in 6 San Antonio, Texas, as a Supervisory Electronics Engineer,-GS-13, and he claims that he is entitled to a retroactive temporary promotion and backpay from January 7 to November II, 1978, when he performed the duties of Chief, Engineering Division.. The position was classified as a GS-14 on August 7, 1978, at which time Mr. Colbert was detailed into the position for a time not to exceed 60 days. The agency denied Mr. Colbert's claim for a retroactive temporary promotion on the grounds that Mr. Colbert was assigned to an unestablished position and, therefore, did not meet the eligibility requirements for a retroactive temporary promotion and backpay. Our Claims Division denied the claim for the period from January 7 to August 7, on the basis that the position to which Mr. Colbert was assigned was not an established, classified position until August 7, 1978. Our Claims Division denied the claim for the period from August 7 to October 5, 1978, since Mr. Colbert had not been detailed to the GS-14 position for 120 days. /17 THE COMPTROLLER GENERAL Wr OF THE UNITED STATES WASHINGTON. D.C. 20548 0 .1 E DIGEST: DEC193iopi

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