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B-196995 1 (1980-11-06)

handle is hein.gao/gaobadirf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISI\ . N OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-19699 MATTER OF: DIGEST: 5 DATE: November 6, 1980 David J. Banyas{-Retractive Temporary Promotion 'ed a Employee claims retroactive temporary promotion and backpay for performing the duties of an aircraft mechanic foreman prior to his promotion to that position. Foreman position was not established until time of claimant's permanent promotion to it. Since an employee is entitled only to the salary of his appointed position, rbgardless of the duties performed, the claim is denied. 52 Comp. Gen. 920 (1973). By a letter dated November 16, 1979, Mr. David J. Banyas appealed our Claims Division's Settlement issued October 11, 1979, which denied his claim for a retro- active temporary promotion and backpay from grade WG-12 to grade WS-7 between July 9, 1972, and July 1, 1978. This decision deals only with that portion of the claim which accrued after February 16, 1973, since Mr. Banyas did not question the Claims Division's determination that the earlier portion of his claim is barred by the applicable 6-year statute of limitations. The record shows that on June 13, 1971, Mr. Banyas was assigned to the-position of Aircraft Mechanic, WG-8852-12. This position had been established as a small shop chief in the Repair and Reclamation Shop, 927th Tactical Airlift Wing, Selfridge ANG Base,. DLCoVys Michigan. Mr. Banyas directed the activities of two subordinate employees who were Aircraft Mechanics, WG-8852-10. On July 9, 1972, a third employee came under his supervision. A fourth employee was added to the shop in 1977. Apparently Mr. Banyas attempted to have his position upgraded to foreman beginning in 1972. However, a foreman position, Aircraft Mechanic Foreman, WS-8852-07, was not established in the Repair and Reclamation Shop until May 9, 197,8. Mr. Banyas competed for and was selected for the foreman position. He was promoted effective July 2, 1978. Subsequently,

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