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B-191128 1 (1978-07-24)

handle is hein.gao/gaobadget0001 and id is 1 raw text is: aI ( THE COMPTROLLER GENERAL DECISION ((;' ). DF THE UNITeD STATES WASHINGTON. 0.C. 20 540 FILE: 3*191128 DATE:July 241, 1978 MATTER OF: James F. Ford - Detail to higher grade position DIGEST: Employee, who was successively detailed to two higher grade positions, can only be awarded retroactl.e temporary promotion and backpay for details extending more than 120 days, each detail being treated as separate and distinct persorne) action. This decision is rendered in response to a request for an advance decision by Mr. Phillip M. Hudson, Jr., an authorized certifying officer, Maritime Administration, Departmcnt of Commerce, concerning th claim of Mr. James F. Ford, an agency employee, for a retroactive temporary pr'notion and accompanying backpay for the period from July IS, 1976, to Sertember 15, 1976. Although Mr. Ford's claim covers only the stated periad, the certtffing officer states that Mr. Ford performed higher grade duties for an additional period Zrom April 15, 1975, to July 17, 1976, and was accordingly paid backpay for this additional period. The record shows Mr. Ford was promoted to the position of Trial kttorney grado CS-14 on March 3, 1974. On December 12, 1974, the Goeral Counsel issued a memorandum to all employees of his office in which Ne stated the following: -ffective Decembo.: 16, 1974, J. Frank Ford is dctailed to the Division of Legislation and Reg-lations * * * where he will serve as Acting Assistant General Counsel. The Assistant General Counsl. position to which Mr. Ford was detailed was classified as a grade GS-15 positien. Mr. Ford remained in this acting capacity through Joly 17, 1976, at which time he was detailed tc the position of Supervisory Attorney-Adviser, a grade CS-iS nositiot, in the Division of Litigation effective July 18, 1976, with the notation that the detail was not to exceed 60 days (Septemober 15, 1976). Mr. Ford was paid backpay foe the psriod April 15, 19'5, the 121:t day after 1r. Ford's first detail began, through July 17, 1976, the las.. day of the ficst detail. The certifying officer based this determination o' our decisions in Matter of Everctt Turner and David L. Caldwell, 55 Comp. Gen 539 (1975), and Matter of Reconsideration of Everett Turner and 9avid L. Caldweli, 56 Comp. Gen. 427 (1977). I* i.

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