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B-192437 1 (1978-09-20)

handle is hein.gao/gaobadgjc0001 and id is 1 raw text is: 9' FILE: B-192437 * r z~/K 0 4n micr nP - LH N d %.AUH1IhJCJ0TLONJ.D.C. PLtIfli DATE:Septemsber 20, 1978 MATTER OF: Marvin IR. Dunn - Detail to Higher Grade Position DIGEST: Employee detailed to the same higher grade position from September 20, 1975, until July 2, 1977a is entitled to backpay from the 121st day after the beginning of the detail until July 2, 1977, the last day prior to his prorriotion to the higher grade position. The fact that the position to which he was detailed was organizationally transferred from one Army command to another effective July 1, 1976, does not serve to terminate the initial detail as of that date and initiate a second separate detail inasmuch as he continued to perform the same duties of the same position description under both commands. This decision is rendered in respnse to a request by the Chief Counsel, U. S. Army Tank-Automotive Material Readiness Coin- mand (TACOM), concerning the claim of Marvin R. Dunn for retro- active tomporary promotion and backpay for the period from July 1 to October 20, 1970. The submission was not accompanie. by a voucher and was not submitted by an individual to whom this Office is authorized to render decisions. See 31 U.S. C. §§ 74 and 82d. However, in view of the fact that the problem involved appears to be of a recurring nature, we are rendering a decision. Based on his detail to the higher grade GS-13 position of Program Analyst, Mr. Dunn has been determined to be entitled to backpay from January 27, 1976, the 121st lay of his detail, through June 30, 1976, and from October 20, 1976, through July 2, 1977. The period from July 1 to October 28, 1976, for which he claims back- pay represents the 120 lays following the date of which the position to which he was detailed was transferred incident to a transfer of functions between the TACOM and the newly established U. S. Army Tank-Automotive Research and Development Command (TA RA DCOM). E3ffective September 29, 1975, Mr. Dunn was formally detailed within TACOM for a proposed period of 60 lays from the grade GS-12 position of Mechanical Engineering Technician which he held since February 3, 1974, to the position of-Program Analyst, GS-345-13, Job No. 16183. As of July 1, 1976, TAlADCOM was t--i I 707.o a

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