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B-193508 1 (1979-01-22)

handle is hein.gao/gaobadgvn0001 and id is 1 raw text is: DECISION 0 -' FILE: B-193508 DATE:January 22, 1979 MATTER OF: Lee R. Goddard - Claif or Backpay DIGEST: An employee of the United States Air Force who was assigned temporary duty in South- east Asia to perform the duties of a higher grade is entitled to a retroactive temporary promotion with accompanying backpay for the period beginning with the 121st day of his detail until the detail was terminated. However, since he was detailed to the higher grade position and not temporarily promoted he is not entitled to the higher rate of pay for the initial 120 days of that assignment. This is in response to an appeal by Mr. Lee R. Goddard, an employee of the United States Air Force, of a settlement issued by our Claims Division on June 14, 1978, allowing only a portion of his claim for temporary promotion and accompanying backpay. On April 26, 1972, Mr. Goddard, employed as an Aircraft Mechanic, WG-10, step 3, was assigned by Travel Order TA-2344, April 25, 1972, temporary duty in Southeast Asia as an Air- craft and Systems Overhaul Foreman, WS-9, step 1,.for approxi- mately 90 days. This period of temporary duty was extended to 179 days by amended order TA-3798, July 18, 1972. While on temporary duty Mr. Goddard performed the duties of the estab- lished higher grade. It should also be noted that an extension of time for this detail beyond 120 days as is required by Chapter 300 of the Federal Personnel Manual. was not requested. Based on our decisions in Matter of Everett Turner and David L. Caldwell, 55 Comp. Gen. 539 (1975) and Matter of Marie Grant, 55 Comp. Gen. 785 (1976), our Claims Division allowed Mr. Goddard's claim for the period August 17, 1972, through October 20, 1972. Mr. Goddard contends that he should be compensated for full 179 days worked as a Foreman. It should be noted that in connection with this trip to Vietnam Mr. Goddard was not granted a temporary promotion to the higher grade, WS-9, step 1. The reason for this may be found in paragraph 4-3e of Chapter 335 of the Federal Personnel Manual, which states as follows: W9P I ~THE COMPTROLLER GENERAL OF THE UNITED STATES SWASHINGTON. 0. C. 20548

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