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B-198402 1 (1980-11-03)

handle is hein.gao/gaobadiqv0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL DECISION . OF THE UNITED BTATES Al; WASHINGTON,.D.C. 2054B FILE: B-198402 DATE: November 3, 1980 MATTER OF: Garrick Gedarro - Retractive Temporary Promotion and Backpay DIGEST: Employee of Pearl Harbor Naval Shipyard was denied retroactive promotion and backpay under Turner-Caldwell decisions by our Claims Group on basis that neither of two separate details was in excess of 120 days. Employee now contends that shipyard's failure to follow regulation * requiring use of competitive promotional procedures for details in excess of 60 days was unwarranted personnel action remediable under Back Pay Act (5 U.S.C. § 5596). Claims Group denial is sustained since subject instructional regulation pro- tects employees in general and does not contain any provision creating additional entitlements. Mr. Garrick Gedarro, through his authorized representative, requests reconsideration of his claim for retroactive temporary promotion and backpay under our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977), which was denied by our Claims Group's settlement dated January 17, 1980. Consistent with the following analysis we are sustaining our Claims Group's adjudication. The record shows that Mr. Gedarro, a civilian employee at the Pearl Harbor Naval Shipyard, filed a claim dated August 25, 1978, seeking retroactive tem- porary promotion and backpay in connection with an alleged overlong detail to a higher-grade position. Specifically, Mr. Gedarro contended that as a Nuclear Mechanical Systems Inspector (WG-6201, Grade 13, Step 3, $10.38/hr.), he was detailed for 117 days between May 2, and August 26, 1977, to perform the work of a Planner and Estimator-Pipefitter (WD-4204, Grade 8, Step 1, $11.03/hr.) in the Planning and Estimating Division at the shipyard. Mr. Gedarro further contended that 14

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