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B-195301 1 (1982-09-24)

handle is hein.gao/gaobadkqf0001 and id is 1 raw text is: THE OMPRMn kOU IlRAL/ DECISION . . F THEUNITED STATES A% WADHINGTON, r.C, 110540 FILE: B-195301 DATE: Septenber 24, 1982 N1A/'TEM OF: Robert G. Liuttman i DIWEST: Employee appeals action of our Claims Group, which denied hi' request that a retroactive temporary promotion granted under our Turner-Caldwell deci- siona, 55 Camp. Gen. 339 (1975), sustained in 56 Comp. Gen. 427 (1977), be conv rted into a permanent promotion. Denial is sustained as there in no qntitle- mt.-t .,,aer Turner-Caldw.ll to n permanent promotion. The issue in this decision is the entitlement of an employee to L have a retroactive temporary promotion granted under our Turner-Caldwell decisions converted into a permanent promotion. Mr. Robert C. lauttman, an enploye of the Department of the Army, has appealed the action of our Claims Group in Settlement No. Z-2795218, June 30, 1980, which denied his request that the retroactive temporary promotion a'itlorized in Matter ofLauttuan, B-195301, October 19, 1979, be converted intt a permanent promotion. Mr. Lauttman's retroactive temporary promotion was granted under the authority of our 'turner- Caldwell decisions, 55 Comp. Gen. 539 (1975), sustained in 56 Comp. Cei. 427 (1977). Under Turner-Caldwell enployees whc were detailed to higher-grade positions more than 120 days without prior approval by the United States Civil Service Commission (now Office of Personnel Hnosgement) were entitled to temporary promotions and barkpay beginning on the 121st day of the detail. Our Turner-Caldwell decisions allowing temporary promotionu under such circumstances followed a decision of the Board *f Appeals and Review, Civil Service Commission, dated April 19, 1974, which held that the remedy for an agency's fiilure to obtain prior Civil Service Conunission approval to extend a detail was a temporary promotion for the employee. IHowever, there is no entitlement tinder Turner-Caldwell, s the Claims Group correctly noted in its settlement, to a permanent promotion. See 56 Comp. Gen. G7, 431. Accordingly, the action of the Claims Group in Z-2795218, June 30, 1980, is sustained. Cotaptroller General of the United States

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