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B-190174 1 (1978-04-21)

handle is hein.gao/gaobadfxp0001 and id is 1 raw text is: I T ! COMPTROLLER GENERAL DIECISIC1 THE UNIrRo UATEB J. STtArTrS S : W .SHINGTON. 0.7.. r 548 Up FILE: B-190174 DATE: Ai.ril Zt, 1978 MATTER OF: Mary Lee Groover - Retroactive Promotio:1 and Backpay DIGEST: Employee was detailed from GS-4 cosition to GS-6 position for mre than 120 anys. She is entitled to retroactive temporary pro- motion to GS-5 on 121st day of detail. She is not entitled to temporary promotion to 35-6 since she did not complete 1 year of service after constructive promotion to c5-5. B-189690, February 16, 1978, mcdified. This deciiion is in responne to a appeal by Mary Lee Croover from Settlement Certificate No. Z-2726012 by which our Claims Division denied her claim for retroactive promotion and backpay. The record shows that As. Groover, a former employee of the Department of the Air Force, was detailed from the position of Supply Clerk RSS-863, OS-4 to the posttion of Supervisory Supply Clerk RSS-910, GS-6, effective July 1, 1974. The detail was not supposed to last beyond August 29, 1974, but Ms. Groover continuei to perform the duties of the higher grade position until her retirement on July 11, 1975. Although she was not officially detailed until July 1, 1974, Ms. Groover is claiming entitlement to retroactive promotion and backpay from April 11, 1973. She 'laims thit she performed the dutier of the GS-6 rosition from that date due to the absence of her supervisor who kid been informally detailed to another position. Ms. Groover based her claim on Matter of Everett Turner and David L. Caldwell, 55 Comp. Gen. 539 (1975), and Matter of Marie Grant, 5b Comp. Gen. 785 (1976). In the former decision we held thaL employees detailed to higher grade positions beyond 120 days without prior Civil Service Commission approval were entitled to temporary retroactive prornctrions with backpay. In the latter decision, we ruled that the Turner-Caldwell decision applied retro- actively to extended details to high grade positions, subject only to the time limitation in filing claims imposed by 31 U.S.C. 71a. We affirmed our holdings in Turner-Cald' 11 and Marie Grant in Matter of Rconsideratirn of Everett TurnL . and David L. Caldwell, 56 Comp. Gen. 427 (1977) and statpd: I Lr I. 11 I a

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