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B-198393 1 (1981-03-17)

handle is hein.gao/gaobadjfe0001 and id is 1 raw text is: TM H OMPTROLLER GENERAL IECISION OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-198393 DATE: March 17, 1981 MATTER OF: Allen C. Howard - Claim for Backpay - Detail to Higher-Grade Position DIGEST: Employee claims retroactive temporary promotion and backpay for alleged overlong detail to a higher-grade position. Claim is denied since employ- ee has failed to meet burden of proof to support claim that he was detailed to and performed the duties of the higher- grade position. This is in response to the appeal of Mr. Allen C. Howard from Settlement Certificate Z-2819628, dated January 16, 1980, by which our Claims Division denied his Fclaim for retroactive temporary promotion and backpa9y for a period during which he contends he performed the duties of a higher-grade position. Mr. Howard was employed by the Department of the Navy at the Philadelphia Naval Shipyard as a Policeman, GS-083-5. From April to November of 1974, he was assigned to the Detective Unit following his return to duty after an injury. Mr. Howard contends that his assignment to the Detective Unit was a detail since he performed the duties of a Detective, GS-083-7 position. He claims entitlement on the basis of our Turner-Caldwell decision, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977) in which we held that where an employee is detailed to a higher-grade posi- tion and the agency fails to seek Civil Service Commission (now office of Personnel Management) approval to extend the detail for a period beyond 120 days, the agency must award the employee a retroactive promotion and backpay for the period of the detail in excess of 120 days. Mr. Howard's claim was denied by his agency after the Civil Service Commission found that no detail had occurred since the duties he performed in the Detective Unit were within his position description. Our Claims Division also denied Mr. Howard's claim since he failed to provide any evidence to show that he was in fact detailed to a higher- grade position.

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