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B-193555 1 (1979-01-26)

handle is hein.gao/gaobadgvz0001 and id is 1 raw text is: DECISION T/ FILE: B-193555 4 ER . _AS MATTER OF: Donald P. Konrady - claim for tgetroactive temporary gromotion and backpay DIGEST: 1. A civilian employee of the United States Air Force, holding a Communications Control Tech- nician, GS-9 position was appointed Base Communications Security OfficerZEth-ttEs and-responsibilities of which were ne-r- cluded in iiis jJE~estript Since the posi- tion of Communications Security Officer was not established or classified for civilian personnel at the installation where the claimant was employed he is not entitled to a retroactive temporary promotion with accompanying backpayy under our Turner-Caldwell decision, 55 Comp. Gen. 539 (1975) affirmed 56 Comp. Gen. 427 977). The crucial aspect under that deci- on is that, ajkay may be allowed only if the G 'employee is detailed for an excessive amount of A j time to a position which is established and classified. 2. When a claimant's Dosition is revised to include duties and responsibilities he has been performing resulting in an assignment of a higher grade,the claimant is not entitled to backpay since a reclassification action upgrading a position may not be made retro- actively effective. United States v. Testan, 424 U.S. 392 (1976). This action is in response to a letter from Mr. Donald P. Konrady, a civilian employee of the United States Air Force, which constitutes an appeal from a settlement issued by our Claims Division. On October 12, 1978, Certificate of Settlement No. Z-2773927, was issued disallowing Mr. Konrady's claim for a retroactive temporary promotion with backpay on the grounds that he was not detailed to an established position classified at a higher grade in excess of 120 days. On March 9, 1973, Mr. Konrady, a Communications Control Technician, -GS-392-9, at Robins Air Force Base, Georgia, was ~~9C ~& 2'/Af ~j/ 611 A THE COMPTROLLER GENERAL OF THE UNITED STATES VAASHINGTON, D.C. 0548 [DATE: January 26, 1979

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