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B-195139 1 (1980-03-04)

handle is hein.gao/gaobadibd0001 and id is 1 raw text is: DECISION FILE: B-195139 ok1IER C. THE COMPTROLLER GENERAL . OF THE UNITED STATES W A SH IN GTON O .C. 20548 DATE: March 4, 1980 MATTER OF: Glen D. Miller DIGEST: An employee of the Depart ent of the Army at Fort Ritchie, Maryland,claimi Xretroactive temporary promotion and backpay for performing the duties of Arts and Crafts Drector from November 1975 until October 1977. The Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 Comp. Gen. 427 (1977), on which the claim is based, held that an employee must satisfy the requirements for retroactive temporary promotion before it can be granted. Record shows this employee did not meet education or experience requirement for promotion to position to which he was detailed. Claim is denied. See B-187032, November 30, 1977. By letter dated May 22, 1979, Mr. Glen D. Miller, through his authorized representative, appealed Certificate of Settlement No. 2786531, issued April 17, 1979, which denied his claim for a retroactive temporary promotion and backpay based on our decision 56 Comp. Gen. 427 (1977). Mr. Miller is an employee of the Department of the Army whose station is Fort Ritchie, Maryland. The record shows that Mr. Miller, a GS-7 Recreation Specialist, was assigned the duties of Arts and Crafts Director, a GS-9 position, from January 1975 until October 18, 1977. On November 7, 1977, he filed a claim for a retroactive temporary promotion from grade GS-7 to GS-9 and backpay for that period. As stated earlier, his claim was denied by our Claims Division on April 17, 1979. This decision results from his appeal of the action of the Claims Division. In our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 Comp. Gen. 427 (1977), on which Mr. Miller bases his claim, we held that an employee had to satisfy the requirements for a retroactive temporary promotion before the remedial action authorized by those decisions could be granted. As examples of those requirements we mentioned the time-in-grade requirements of the Whitten Amendment, 5 U.S.C. 3101 note, and the provisions of 5 U.S.C. 3324 governing appointments to supergrade positions.

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