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B-197333 1 (1980-04-23)

handle is hein.gao/gaobadifa0001 and id is 1 raw text is: 10 LER 0 ' THE COMPTROLLER GENERAL DECISIOl \ OF THE UJNITED STATES WASHINGTON, D.C. 20548 FILE: B-197333 MATTER OF: DIGEST: DATE: April 23, 1980 Robert M. Schabert - Retroactive Temporary Promo.tion Employee of the Department of the Air Force appealed Certificate of Settlement which denied his claim for a retroactive temporary promotion and backpay for period prior to April 9, 1978. Denial is sustained as record shows the duties which employee claims he performed were not classified at higher grade until March 1978 and that employee was promoted to higher grade within 120 days thereafter. Supreme Court in United States v. Testan, 424 U.S. 392 (1976) held there is no remedy for period of wrongful classification under the Classification Act, 5 U.S.C. 5105-5115, or the Back Pay Act, 5 U.S.C. 5596. By a letter dated November 16, 1979, Mr. Robert M. Schabert appealed the action of our Claims Division in Certificate of Settlement No. Z-281- 603, issued June 26, 1979, which disallowed his claim for A retro- active temporary promotion and backpaybased on our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), and 56 Comp. Gen. 427 (1977). The record shows that during all portions of the. claim Mr. Schabert was an employee of the Department of the Air Force whose duty station was McClellan Air Force Base, California. From before January 25, 1973, Mr. Schabert, a Production-Management Specialist, GS-ll01-09, had been assigned additional duties which were associated with the Real Property Installed Equipment (RPIE) Removal Program. On December 20, 1977, he submitted an SF 172 to update his personal qualification record. At that time a job audit was conducted and the major duties associated with RPIE were graded at the GS-11 level and added to an existing GS-ll position. On April 9, 1978, he was

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