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B-196627 1 (1980-02-19)

handle is hein.gao/gaobadiaa0001 and id is 1 raw text is: Px 4 DECISIOlN FILE: B-19662 ($1 ~THE COMPTROLLE-R GENERAL OF THE UNITED STATES - WASHINGTON, D.C. 20548 t C T e r , 7 DATE: February 19, 19801 MATTER OF:. Hoyt M. Weathers - Claim for Backpay - Detail to-Higher-Graded Position DIGEST: Employee classified as grade GS-,13 alleges that he performed higher-grade GS-15 duties from 1970 to 1976 for which he was not paid. His claim for retroactive promotion with backpay is denied. Record indicates he performed assigned duties of his position as classified. Claimant has not met burden of proof and established liability of United States. Employee should have appealed 4 classification to agency or Civil Service Commission. This decision is in response to the appeal of Mr. Hoyt M. Weathers of our Claims Division settlement dated August 23, 1979 (Z-2714762). The settlement denied his rclaim for a retroactive temporary promotion and backpa For the reasons stated below we sustain the settlement. Mr. Weathers occupied a position classified as an AST, Space Sciences, GS-13, at the George C. Marshall Space Flight Center, Alabama. He states that he performed the higher-graded duties of a GS-15, Aerospace Engineer (Flight Systems), during the period August 30, 1970, to August 26, 1976. Mr. Weathers' original claim is for a period commencing at an earlier date; however, he recognizes that such portion is barred from our consideration by the 6-year statute of limitations in section 71a of title 31, United States Code. Mr. Weathers contends that he is entitled to a temporary promotion and backpay on the basis of our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977), which hold that employees are entitled to temporary promotions for extended details to established classified higher-level posi- tions, provided they meet certain requirements. Mr. Weathers bases his claim that he was detailed on a letter dated May 8, 1969, from the Director, Science and Engineering, Space Flight Center, assigning him the responsibilities of an Acting Staff Project Manager. The agency denied his claim on the basis that he did not perform the duties of a higher-graded position and that the duties he performed conform to his job classification.

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