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B-185766 1 (1977-11-17)

handle is hein.gao/gaobadfgc0001 and id is 1 raw text is: N , THVM COMPTRD1LER iNAL , .DERCISION .J4. oP THE UNITED STATES A WASHINGTON. D.C. 20S49 an CO K C V. MATTE DIGEST: DATE: Noveaber 1, 1977 OF: Nathan Lesowit: - Reconsideration of Settlement Disallowing Retroactive Promotion and Backpay for Extended Detail Employee claimed a retroactive temporary promotion as a result if an overlong detail to a higher grade position under our Turner-Culdell decision, 55 Comp. Gen. 539 (1975). Evidence originally submitted by claimant was found inadequate to suppqrt his claim because it failed to show: (1) employee performed duties of higher grade position; and (2) a definite termination date of detail. Evidence has now been submitted by claimant and his agency which-conclusively establish these facts. Hence, GAO's November 28, 1975 settlement certificate is hereby rescinded ar.. employee's claim may now be allowed. This action responds to a request for review and reconsideration of our decision Matter of Nathan Lesowit: - Reconsideration of Se- tlement Disallowing Retroactive Promotion and Backpay for Extended Detall, 5-185766, Jure 15, 1977. That decision disallowed Mr. Lesowitz's claim for a retroactive temporary promotion to grade GS-15, because he had failed to submit acceptable evidence showing that he actually performed the duties of the higher grade position. Likewise he had failed to furnish acceptable evidence establishing a definite termination date for his detail. More- over, Mr. Lesowits's former agency, the Department of Health, Education, and Welfare (HEW), was unable to recommend payment of his claim because oi the paucity .f evAdence. The above-cited decision advised Mr. Lesowitz thai. additional evidence was required to support his claim. Subsequently Mr. Lesowit: and HEW have submitted evidence which establishes that, while Mr. Lesowits was a grade GS-14 Statistician, he van detailed to and performed the duties of the grade GS-15 position of Chief if Statistics and Studies, Social and Rehabilitation Service, HEW, from November 4, 1968, until July 1, 1971. On the basis of the additional evidence, HEW now recommends that the employee's claim be allowed. Upon reconsideration, we conclude that the additIonal evidence presented supports Mr. Lesowits's claim for a retroactive temporary R', FILE: 3-185766 L.

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