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B-189567 1 (1977-11-21)

handle is hein.gao/gaobadfgi0001 and id is 1 raw text is: h THE COMPTROLLER rdENERAL DECISION rF THE UNITED BTATES /AUHINSTON, D.C. 20545 FILE: B-189567 MATTER OF: DIGEST: DATE: November 21, 1977 Robert P. Duff; - Backpay, highest previous rate Navy employee returned to forme- position and grade, with time credit for within grade increases afte L year temporary promotion, may not have salary adj:usted based on highest previous rate earned during temporary promotion. There is no agency regulation requiring use of highest previous rate earned during temporary promotion of more than 90 days, and employee's Notification of Persv.u*el Action promoting him states he is to be returned to former grade and position with time credit for within grade increases. This is in response to a letter dated June 15, 1977, from Admiral D. M. Altwegg, Commaider, Pacific Missile Test Center. Admiral AItwegg has requested an advance decision concernins the claim of Mr. Robert Duffy, an employee of the Pacific Missile Test Center, who was temporarily promoted on December 22, 1974, fron the position of Supervisory Management Analyst, GS-13, step 5, to the position of Management Analysis Officer, CS-14, step 2. The temporary promotion expired on December 22, 1975. In accordance with what Almiral Altwegg statEs was the normal procedure at tha Test Center, Mr. Duffy was ret-rned to his formEr position and grade with credit for within grade increases. At that time Ie requested that his salary be established at a higher step of that former grade based on the rate he received while tem- porazily promoted, his highest previous rate. Altho3h his supervisors were supportive of that request, per- ponriel officials determined that it was not permissible to grant it. The Civilian Personnel Officer has now dterml .d that it would have been proper to base Mr -urfy's salary on that rate. Mr. Duffy,therefore, seeks to hve his salary established on thae basis of the highest previous rate earned during his promotion and to be compensated or. that basis retroactive to December 22, 1975 L. I 4 0 r-4 4 0 4

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