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B-193834 1 (1979-06-13)

handle is hein.gao/gaobadhhr0001 and id is 1 raw text is: 


                        THE COMPTROLLER GENERAL
DECISION                OF  THE   UNITED STATES
                        V A-SHINGT0N,   D.C.  20548


f(A. 3


FILE: B-193834

MATTER  OF:


DIGEST:


               DATE: June 13, 1979

Clem H. Gifford--r¶ai for retroactive
promotion and backpa(


1.  Grade NM1-09 civilian employee of the
    Department of -the Army in the Panama
    Canal Zone, who between November 1976
    and November 1977 was assi ned addi-
    tional duties which were not contained
    i-nTihis position description ahd wEich
    involved-the upervision of another
    gr~adeN --9employee, is not ent-i t -led
    toftroaatve promotion with backpay
    based on the additiona4 supervisory
    duties performed, since a Federal employee
    is entitled only. to the. salary of the
    position to which he is actually appointed
    r    dlTrdT-es of thed e perform
    Untiftd States v. Testan, 424 U.S. 392
    (1976).

2.  An employee detailed or assigned to per-
    form additional supervisory duties did not
    thereby become entitled to a retroactive
    promotion with backpay under the principles
    set forth in Matter of Turner-Caldwell,
    55 Comp. Gen. 539 (1975), and Matter of
    Reconsiderationof Turner-Caldwell,
    56 Comp. 427 (1977), which concern the pro-
    motion of Federal employees detailed to
    higher grade positions, since Ltuwqsat-
    shown that the employee was actually on
    an-offi-cial detail.to an.existing, estab-
    lTshed, classified, higher grade Federal
    position.

3.  No action will be taken by the General
    Accounting Office on the claim of an
    employee of the Department of the Army
    that he was denied a promotion as the
    result of illegal racially discriminatory
    employment practices, since it is not
    within the jurisdiction of this Office to
    conduct invest igations inFo 0 render- -


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