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B-195029 1 (1981-06-22)

handle is hein.gao/gaobadjms0001 and id is 1 raw text is: T~~$ THE CVPROLE GENERA-3ds~r .3 . F THE UNITEO STATES WASHINGTON. 0.C. 20548 FILE: B-195029 DATE: June 22, 1981 MATTER OF: Abraham Frankel - aim for retroactive temporary promotion and backpaj DIGEST: Employee's claim for retroactive pro- motion and backpay for overlong detail under Turner Caldwell line of cases was denied by Claims Group on basis that position to which employee was detailed was never established. On appeal employ- ee disputes agency's contention that sub- ject position was never properly established and classified. Disallowance is sustained since employee has not submitted evidence sufficient to controvert agency's position and therefore has not satisfied his burden of proof. This decision is in response to the appeal of Mr. Abraham Frankel from our Claims Group's Settlement Certificate of April 17, 1979 (Z-2711516). Mr. Frankel's claim is based on our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977). In those decisions we held that if an employee is detailed to a position classified at a higher grade for a period in ex- cess of 120 days without prior Civil Service Commission (now Office of Personnel Management) approval, he is en- titled to a retroactive temporary promotion and backpay for such period provided all qualifications and other require- ments for promotion are met. See paragraph 8C, Federal Personnel Manual (FPM) Bulletin No. 300-40, May 25, 1977. Mr. Frankel claims that he was detailed from his posi- tion as a GS-14 Mathematical Statistician in the Statistical Methods Branch, Division of Survey Operations, National Center for Educational Statistics, Office of Education, to the position of Acting Chief of the Statistical Methods Branch, which he claims was an established GS-15 position. Mr. Frankel states that his detail lasted from July 24, 1972, to August 7, 1975. Our Claims Group denied Mr. Frankel's claim after finding that he was not detailed to an established position clas- sified at a higher grade. We hereby sustain the determina- tion of our Claims Division on the basis that Mr. Frankel

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