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B-192640 1 (1978-10-27)

handle is hein.gao/gaobadgnp0001 and id is 1 raw text is: U __________________________ a4 THU COMPTROLLER W INAL At WA5THINUNITED ET0TEE W:, A WAUMINWTO N, 0. C.58054C LW1 r9 2 0 (W 0 DATE: Otaer 2, 198 MATTER C DIGEST: a: Stella P. Rasp - Claim for Retroactive Promotion and Backpay 1. Civilian employed by the Department of the Army am a licensed vocational nurse at the GS-3 and GS-4 grade levels between 1972 and 1974, who wan gtven responuibilities ordi- narily reserved gograde GS-5 registered or vocational nurses during that pertod of time, is not entitled to a retroactive temporary pro- motion to grade GS-5 with backpay, since Feairal employees are entitled only to the salaries of the positions to wich they are actually appointed regardless of the dutie performed. United States v. Testrai, 424 U. S. 392 (191). 2. The principles set forth in 55 Comp. Gen. 539 (1975) and 56 Comp. Gen. 427 (1977). conce-n- ing the promotion of.Federal employees on official temporary details to higher grade level positions, have no application to a claim for retroactive promotion by an employee who was not officially detailed to a higher grade position. This action is in response to correspondence received from Mrs Stella P. Rasp, 5484 Ketcikain Street, El Paso, Texas 72924, in Mhich she requcated reeonsideration of Settlement Certificate Z-&785833 dated June 14. 1978, issued by our Claims Division, dis- allowing her claim for a retroact*ve temporary promotion and back- pay for the period October 17, 19 12, to May 31, 1974, Incident to her employment withtheb Department of the Army. Mrs. p was h red'by the Army on October 15, R72,V as a license's vocitional nursS (LVN), gade GS-3, at the I 'iam Beaument Gerieal Hospital, Fort Bliss, Texas. Two drL s later she was assigned, a variety of important responsibilities L ' 3lving patient care, which responsibilities included the measuring ana administering of medications orally, intramuscularly and sometimes intravinously. It appears that Mrs. Rasp performed all of her duties in a satis- factory and competent manner, even thcough some of the work she .~ I -LA 9 DECISION FILE: B-19264

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