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B-194745 1 (1980-04-08)

handle is hein.gao/gaobadiea0001 and id is 1 raw text is: W0LLER Ce 37 FILE: B-194745 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: April 8, 1980 OF: George Quintal - Claim for Backpay - Detail to Higher-Grade Position Employee claims retroactive temporary promotion and backpay while performing higher-level duties in;ight of Turner-Caldwell decisions. Claim is denied since employee has failed to meet burden of proof to support claim that he was detailed to and performed the duties of the higher-grade position. Mr. George Quintal LIIeis reconsideration of his claim for retroactive temporary promotion and backpay which was dis- allowed by our Claims Division on January 25, 1979 (Z2718977). For the following reasons we sustain the adjudication of our Claims Division. Mr. Quintal, an employee of the Federal Aviation kdmi ni- stration (FAA), contends that he was detailed to the position of Assistant Sector Manager, GS-14, for a full year beginning in June 1972 and ending in July 1973, while appointed as a Supervisory Electronic Technician, GS-13. The FAA recognized Mr. Quintal's detail from August 6, 1972, to January 31, 1973, and granted him a retroactive temporary promotion with backpay for this period in accordance with our Everett Turner-David L. Caldwell decisions, 55 Comp. Gen. 539 (1975) affirmed, 56 Comp. Gen. 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. The Claims Division's denial of Mr. Quintalrs claim was based on his failure to provide sufficient evidence that his detail began prior to August 6, 1972, and continued after January 31, 1973. In support of his contention, Mr. Quintal provided a statement dated February 11, 1976, from Mr. James C. Harris, Chief of the Radar Unit, Balboa, Canal Zone, that Mr. Quintal was detailed to the higher-grade position during the entire 1 year period. The statement also presents the names of 6 persons who can attest to this detail. Our Claims Division concluded that this statement was not acceptable evidence that Mr. Quintal was detailed to a higher-grade position during this period. We concur. I e) n I 4VJ d

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