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B-194376 1 (1979-06-04)

handle is hein.gao/gaobadhgw0001 and id is 1 raw text is: f( ( This decision concerns a request for reconsideration of our 4- Claims Division Settlement Certificate No. Z-2771890, January 25, 1979, which denied the claim of William A. King for a retroactive temporary promotion and backpay. The record shows that Mr. King is a civilian employee of the T)L> Department of the Army, Fort Knox, Kentucky, who was assigned to the position of Supervisory Training Instructor, GS-1712-09. His major duties required him to serve as Assistant Chief of a branch of a Division in the Automotive Department, and to serve as Branch Chief in the absence of the Chief who was a military officer. Mr. King contends that he is entitled to a retroactive promotion and backpay for the period September 26, 1973, to January 17, 1977, because a military officer was assigned as Chief only for a-brief period of time and that he served as Chief during most of the period in question. Mr. King's request is based on our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977), which held that em- ployees detailed to higher grad~'(T io1Yn formore than 120 days, without Civil ServiceCommission (CSC) approval, are entitled to retroactivetemporary pro-6-tions with backpay for the period be- ginning with the 121st day of the detail until the detail is terminated. The rationale of those decisions was that an agency had no discre- tion to continue employee details beyond 120 days without CSC approval. When an agency continued a detail without authority, corrective action in the form of a retroactive temporary promotion with backpay was required as of the 121st day of the detail, for the employee, provided the employee was otherwise qualified and could have been temporarily promoted into the position at that time. 0kLER r THE COMPTROLLER GENERAL DECISION\ . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-194376 DATE: June 4, 1979 MATTER OF: William A. King -Eliai for Retroactive Promotion and Backpay DIGEST: Department of Army GS-9 employee detailed to act as Chief, a position assigned to military officer, is not entitled to a retroactive temporary promotion and backpay under Turner- Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977), because he could not have been temporarily promoted into the military personnel position. Also, employee could have availed himself of classification appeal while he was on detail.

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