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B-193890 1 (1979-05-25)

handle is hein.gao/gaobadhgq0001 and id is 1 raw text is: 




                                   TECOMPTROLLER GENERAL
         DECISION                OF  THE   UNITED STATES
                                 WASHINGTON, D.C. 20548




        FILE:  B-193890               DATE:Nay 25, 1979

        MATTER   OF: Joseph J. Ritko


        DIGESTA  civilian employee of the Department of the
               Army was assigned the duties of Chief,
               Communications-Electronics, Fort Monroe,
               Virginia, which at the time was a higher grade
               military position.  Since the position was not
               an established classified civilian personnel
               position, the claimant is not entitled to a
               retroactive temporarypromotion xith backpay]
A~    4 O'     ibnder Turner-Caldwellj55 Comp. Gen. 3-39 (1975),
               affirmed 56 Comp. Gen. 427 (1977). Employees
               temporarily assigned to higher grade military
               position may not be granted retroactive
               temporary promotions to the equivalent civilian
               grade.  B-193555, January 26, 1979; and B-183086,
               July 12, 1977.

          By letter of November 7, 1978, Mr. Joseph J. Ritko, a
     retired civilian employee of the Department of the Army,, A
     appeals a decision of our Claims Division disallowing his
     claim for a retroactive temporary promotion with accompanying
     backpay.  Since Mr. Ritko was temporarily assigned to a
     military position which at the time was not a classified
     civilian position the decision of our Claims Division
     is sustained.

          The record indicates that effective January 1, 1975,
     Mr. Ritko was assigned, by written orders, the duties of
     Chief, Communications-Electronics, TRADOC Division.
     However, he had, in fact, been serving in this position
     since November 1, 1974. This assignment lasted until
     August 8, 1976, when he was given a temporary promotion
     to this same position. Subsequently, the promotion was
     made permanent.

          The sole basis for Mr. Ritko's claim is his assignment
     for the period January 1, 1975, until August 8, 1976, to act
     in the established military position of Chief, Comimunications-
     Electronics, TRADOC Division. During the time Mr. Ritko was
     temporarily assigned the position of Chief, Communications-
     Electronics, was an established military position, classified
     to the grade of Lieutenant Colonel (0-5). This was a higher

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