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B-194484 1 (1979-09-21)

handle is hein.gao/gaobadhqc0001 and id is 1 raw text is: 1I6P2? joLLER 0 I I I ( o .THE COMPTROLLER GENERAL DECISION * . . OF THE UNITED STATES FIE ..44WASHDNGTON D.mC. 20548 FILE: B- 194484 DAJE: September 21., 19T9 MATTER DIGEST: OF: Israel Warshaw - Detail to National Science Foundation Excepted Position 1. National Science Foundation employee was detailed more than 120 days from competitive service position to NSF excepted service position established under 42 U.S.C. § 1873(a). Employee is not entitled to retroactive temporary promotion and backpay under our Turner-Caldwell decisions. 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977). Employee is not eligible for temporary promotion under these circumstances since provisions in Federal Personnel Manual for change from competitive to excepted appointment were not met. 2. National Science Foundation employee was detailed more than 120 days between positions in NSF's ex- cepted service. Employee is not entitled to retro- active temporary promotion and backpay under our Turner-Caldwell decisions. 55 Comp. Gen. 539 (1975) affirmed at 56 id. 427 (1977). Remedy under Turner- a we ec s ons app es only LO UeLa is Win competitive service or within excepted service under the General Schedule. This decision is in response to the request of the Honorable Richard C. Atkinson, Director, National Science Foundation (NSF), concerning the entitlement of Dr. Israel Warshaw, an NSF employee, to retroactive temporary promotions for two periods during which he was detailed to a position within the NSF excepted service established under 42 U.S.C. § 1873(a). The issue is whether Dr. Warshaw is entitled to retroactive promotions under our Turner-Caldwell decisions, 55 Comp. Gen. Gen. 539 (1975), affirmed at 56 id. 427 (1977). The report from NSF states that Dr. Warshaw was detailed from a position in the competitive service, GS-801-15, to serve as Acting Director of the Engineering Division, a position in NSF's excepted service, EE-801-II (equivalent in pay range to grade GS-17). This detail ran from August 1, 1971, to March 27, 1972. During the detail Dr. Warshaw left the competitive service effective January 23, 1972, N' 0;_ ry - ) vblf

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