HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadhjp0001 and id is 1 raw text is:
FILE: B-192961
DATE: July 9, 1979
MATTER OF: Charles W. McGinnis -]Claim for Retroactive
Temporary Promotion and Backpay
DIGEST: Employee, classified as grade GS-13, alleges that
he was detailed to GS-14 position for 20 months and
was wrongully denied temporary promotion. He
claims retroactive pay under Turner- Caldwell,
56 Comp. Gen. 427 (1976). His claim is denied.
Record fails to indicate establishment of higher
graded position to which employee was assigned.
The principles of Turner-Caldwell allowing retro-
active temporary promotions for details to higher
grade positions, do not apply where the position
involved was not an established higher grade
position.
* Mr. Charles W. McGinnis has requested reconsideration of
our Claims Division's denial on June 14, 1978, of his claim of
a retroactive temporary promotion. Mr. McGinnis is a former
employee of the Department of Health, Education, and Welfare AC2)
(HEW), and his claim is based on an alleged detail to a GS-14
position during the period January 2, 1975, to September 12,
1976.
The claimant entered on duty with the Division of Management,
Social and Rehabilitation Service, HEW, on December 10, 1972,
at grade GS-13 in the GS-501-13 Financial Management Adviser
position. Effective January 2, 1975, Mr. McGinnis was assigned
to the position of State Grants Adviser for Pennsylvania. Effec-
tive September 12, 1976, Mr. McGinnis was reassigned from his
Financial Management position (GS-501-13) to the position of
Supervisory State Grants Manager (GS-501-13).
On July 21, 1977, Mr. McGinnis filed a claim with HEW for
a retroactive temporary promotion to GS-14 and backpay for the
period of January 2, 1975, to September 12, 1976, when he
served as State Grants Adviser for Pennsylvania. Upon review
of the matter, HEW authorities concluded that the assignment
of Mr. McGinnis to the position of State Grants Adviser for
Pennsylvania did not alter his position of record nor did it result
in added duties or responsibilities that were not already a part
/ THE COMPTROLLER GENERAL
DECISION 2 OF THE UNITED STATES
UNITE 1?t7](ViewImageLocal?handle=hein.gao/gaobadhjp0001&div=1&collection=&method=preview&ext=.png&size=3)