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B-192720 1 (1979-09-14)

handle is hein.gao/gaobadhpj0001 and id is 1 raw text is: 


                             THE  COMPTROLLER GENERAL
DECISION                     OF   THE UNITED STATES
                             VVWASHINGTON. O.C. 20549


FILE:  B-192720


MATTER OF:


DIGEST:


DATE:   September 14, 1979


Doris M. Palmer -- Claim for Backpay


GS-4 empl6yee was informally detailed to
another GS-4 position on November 2, 1971,
and was officially reassigned to that
position on March 5, 1972. Employee claims
backpay and retroactive promotion to GS-5
from March 5, 1972, until September 3, 1972,
when she was promoted to GS-5. Employee is
not entitled to backpay since reassignment
terminated detail and claim after termination
was, in actuality, based upon alleged error in
classification of position. Also, promotion to
GS-5 resulted from employee classification appeal
to Civil Service Commission on ground that she
was performing GS-7 work. Agency reclassified
position to GS-5 and commission held position
was properly classified.


     Ms. Doris Palmer appeals Settlement Z-2746329 issued by our
Claims Division on July 17, 1978, denying her claim for backpay
incident to a detail for more than 120 days. Ms'. Palmer is
claiming the difference in compensation between a GS-4 and GS-5
position for the period from March 5, 1972, until September 2,
1972, on the basis of the following evidence.


     On November 2, 1971, Ms. Palmer was informally detailed from
a GS-4 Physical Science Technician position in the New Crops Oil C    q
Screening Investigations, Agricultural Research Service, United
States Department of Agriculture, to a GS-4 Physical Science
Technician, New Crops Fibrous Products Screening Investigations.
She states that she was officially reassigned to the latter
position on March 5, 1972, and on March 24, 1972, actually started
performing in an established OS-7 position when the incumbent retired
from that position. On September 3, 1972, she was promoted to
GS-5.

     Ms. Palmer appears to base her claim on our Turner-Caldwell
decision, 56 Comp. Gen. 427 (1977). In that decision we affirmed


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