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![handle is hein.gao/gaobadhvk0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION . OF THE UNITED STATES
WASHINGTON. D.C. 20548
1VNITED
FILE: B-195646 DATE: December 27, 1979
MATTER OF: Samuel Freiberg- Retroactive Temporary
Promotion and Backpay]
DIGEST: 1. Employee's reassignment and reduction in rank
from GS-12 supervisory position to GS-12 non-
supervisory position was determined to be
erroneous personnel action. However, such
erroneous personnel action creates no entitle-
ment to retroactive temporary promotion and
backpay because it did not affect his pay and
allowances as to constitute an unjustified or
unwarranted personnel action remediable
pursuant to the Back Pay Act. (5 U. S. C. 5 5596
(1976)).
2. Although action on March 6, 1977, reducing
employee in rank from a supervisory GS-12 to
a nonsupervisroy GS-12 position was erroneous,
correction of that action does not entitle em-
ployee to retroactive temporary promotion with
backpay based on earlier action on October 30,
1976, terminating his detail to a GS-13 super-
visory position and returning him to his GS-12
supervisory position. Termination of detail was
withi' ency discretionand after October 30,
1976, employee no longer performed higher grade
duties, which were assigned to another individual.
Mr. Samuel Freiberg requests reconsideration of his claim
for retroactive temporary promotion and backpay which was
denied by our Claims Division's settlement dated June 12, 1979.
Consistent with the following analysis we are sustaining our
Claims Division's adjudication.
The record shows that Mr. Freiberg served in a GS-13,
Supervisory General Supply Specialist position under temporary
promotion and informal details during the period March 1 to
October 30, 1976. He was then returned to his official position
as a GS-12, Supervisory General Supply Specialist. Subse-
quently, Mr. Freiberg was advised by letters dated January 7
and February 18, 1977, that he would be reassigned to a non-
supervisory GS-12, General Supply Specialist position. That
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