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B-194251 1 (1979-04-23)

handle is hein.gao/gaobadhdw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-194251 DATE: April 23, 1979 MATTER OF: Mrs. M. Virginia Conklin DIGEST:A retired civilian employee of the Air Force claimw retroactive temporary promotion and ,L accompanying backpayJunder Turner-Caldwell, 56 Comp. Gen. 427 (1977), incident to details to higher grade military positions. There is no entitlement to backpay as the employee could not have been temporarily promoted into the military position. The Turner-Caldwell remedy is only available where the employee was able to satisfy requirements for a retro- active temporary promotion. This action concerns an appeal by Mrs. M. Virginia Conklin, a retired civilian employee of the Department of the Air Force, of the action of our Claims Division on September 13, 1978, which disallowed her claim for retro- active promotion and backpay incident to details to higher grade positions. During the period in question Mrs. Conklin was employed in the Housing Referral Office at George Air Force Base, California, as a clerk stenographer GS-4. Mrs. Conklin states that during the period from September 2, 1971, to February 2, 1972, she was detailed to the position of NCOIC (Non Commissioned Officer in Charge) in the Housing -Referral Office and that for the periods February 2, to March 3, 1972, and July 1 to July 23, 1972, she was detailed to the position of Housing Referral Officer. The record supports her contention that, at least for most of the period she claims backpay, she was either detailed to or performing the functions of the NCOIC or Housing Referral Officer while in grade GS-4. However, during those periods both the NCOIC and Housing Referral Officer positions were allocated, graded and assigned as military positions only. While Mrs. Conklin recognizes that fact, she has claimed a retroactive promotion and * accompanying backpay on the basis of an evaluation of the equivalent civilian grade of the positions, GS-8 and GS-9, for the military positions NCOIC (senior master

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