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B-193618 1 (1979-05-09)

handle is hein.gao/gaobadhff0001 and id is 1 raw text is: THE COlPTROLLER GENERAL DECISION . 7 OF THE UNITED STATES WASH IN GTON. D.C . 20546 FILE: B-193618 DATE: May 9, 1979 MATTER OF: Richard M. Bartol -L Caim for Tempora y Promotion While Performing Higher Level Dutiej DIGEST: Employee claims retroactive temporary promotion and backpay while performing higher level duties in light of Turner-Caldwell decisions. Claim is denied since-employee has failed to meet burden of proof to support claim that he was detailed to and performed the duties of the higher grade posit This action is in response to the appeal by Mr. Richard M. Bartol of our Claims Division settlement dated July 14, 1978, deny- i g hi ~~troactivetmpbak_ ing his claim ra ret temporary promotion and backpay for the period that he performedjhigher Level_duties. The question presented for our decision is whether Mr. Bartol has presented suf- ficient evidence to document the alleged detail. Mr. Bartol was employed by the Veterans Administration Hospital in Lebanon. Pennsylvania, as an Occupational Therapy Assistant, grade GS-5, and he claims that from January 24, 1973, to June 1, 1974, he performed the duties of the position of-Occupational Therapy Assistant, grade GS-6, in the absence of the incumbent of that position, Mr. Melvin A. Ruppenthal. The agency denied Mr. Bartol's claim on the ground that he had not submitted acceptable documenta- tion to substantiate the detail. Our Claims Division denied the claim on the basis that although Mr. Bartol may have performed some higher level duties he was not actually detailed to a position classi- fied at a higher grade. On appeal, Mr. Bartol has submitted an affidavit that he was informally detailed to the higher grade position by his supervisor. In addition, the record contains statements from five of Mr. Bartol's fellow employees, including the incumbent of the position, Mr. Ruppenthal, to the effect that Mr. Bartol performed the duties of the higher level position. Our Office has held that where an employee is detailed to a higher grade position and the agency fails to seek Civil Service Commission approval to extend the detail for a period beyond 120 days, the agency must award the employee a retroactive temporary promotion and backpay if he continues to perform those higher grade

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