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B-193723 1 (1979-09-21)

handle is hein.gao/gaobadhqd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES S WASHINGTON. 0.C. 2054 FILE: B-193723 DATE: September 21, 1979 MATTER OF: Loretta T. Smith - Claim for retroactive promotion and backpay DIGEST:1. Employee claims retroactive temporary promotion and accompanying backpay under Turner-Caldwell decision incident to several details to regional offices. Where none of the details was in excess of 120 days, the employee is not entitled to a retroactive promotion even if details were to higher grade positions. Each detail is a separate personnel action and for the purpose of applying Turner-Caldwell decision each detail must have exceeded 120 days. 2. Employee claims work she performed constituted detail to a higher grade position and claims retroactive temporary promotion and backpay under decision in Turner-Caldwell. Where the employee has not provided evidence to show that she was assigned or detailed to a higher grade position, there is no basis to allow a retroactive temporary promotion under Turner-Caldwell. 3. Employee who was promoted to position of Hearings and Appeals Analyst, GS-13, on November 23, 1975, requests that promotion be made retroactive to February 1, 1975. Where the record does not show any adminis- trative policy or regulation which would have required that she be promoted at a specified time, there is no basis for a retroactive promotion. Ms. Loretta T. Smith, an employee of the Departmern of Health, Education, and Welfare, S.oriaLSecurity Administration, has appealed from a settlement issued by our Claims Division on October 12, 1978, which disallowed her claim for a retroactive promotion and accompanying backpay for the period from February 1, 1975, through November 22, 1975. The Claims Division's disallowance is sustained as the record neither establishes that the F 4 //

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