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B-195583 1 (1980-12-03)

handle is hein.gao/gaobadisv0001 and id is 1 raw text is: At THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 . NIT FILE: B-195583 ,707 DATE: December 3, 1980 Gilbert J. Breer - Retroactive Temporary MATTER OF: Promotion and Backpayj- Whitten Amendment - Burden of Proof DIGEST: 1. Claim of employee for retroactive tempo- rary promotion and backpay based on alleged extended detail to higher grade may not be allowed where employee has not met time-in-grade requirement for promotion imposed by Whitten Amendment. 2. The General Accounting Office decides claims against the United States on the basis of the written record. Reasonable doubts are resolved in favor of the Gov- ernment since the claimant has the burden of proving the liability of the United States and the claimant's right to pay- ment. Therefore, where there is a dis- pute between an employee claiming backpay and his agency as to material facts which this Office cannot resolve from the written record, the claim will not be allowed here. Mr. Gilbert J. Breer requests reconsideration of the disallowance by our Claims Division of his claim for a retroactive temporary promotion and backpay. For the reasons discussed subsequently the disallowance must be sustained. Mr. Breer, an employee of the U.S. Department of O0 Commerce, contends that from April 26, 1976, to November 1, 1977, he was detailed to the position of Priorities Officer GS-14 (the organizational title of the position of Industrial Specialist (General) GS-1150-14, Position No. OE750465) in the Mobilization Operations and Plans Division (MOPD) from his position p in Industrial Resources Division (IRD). Both of these divisions were in the Office of Industrial Mobiliza-q(00 7Z6 tion. For the first 111 days of this period, April 26 to August 15, 1976, he was a grade GS-12. On August 15, ~g~4 973~~ Xo

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