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B-195480 1 (1979-11-08)

handle is hein.gao/gaobadhsf0001 and id is 1 raw text is: I / T74- THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 flNITO FILE: B-195480 MATTER DIGEST: DATE* November 8, 1979 N) OF: Ronald J. Beach -LClaim for Retroactive Promotion and Backpa j Although WG-10 employee performed some duties of WG-12 employee, he is not entitled to retroactive promotion and backpay since he was not appointed or detailed to the higher-graded position and he did not perform full range of duties of WG-12 employee. Claims presented to GAO are considered on basis of written record and burden of proof is on claimants to establish liability of United States and claimants' right to payment. This action is in response to the appeal of Mr. Ronald J. Beach of our Claims Division settlement dated March 15, 1979, denying his claim for a retroactive temporary promotion and backpay. For the reasons stated below we sustain the settlement. Mr. Beach was employed at the Mare Island Naval Shipyard, Vallejo, California, as a Pipefitter (Nuclear), WG-10. Mr. Beach says that he performed the full range of duties of a Pipefitter (Shipboard Systems Test), WG-12, for the period January 2, 1975, to October 18, 1976. Thus, he contends he is entitled to a temporary promotion and backpay on the basis of our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977), which held that employees are entitled to temporary promotions for extended details to higher-level positions, provided they meet certain requirements. The Navy denied Mr. Beach's claim on the basis that there was no documentation in his personnel file to substantiate his detail claim. In addition, the Navy states that information submitted by the Structural Group where Mr. Beach's regular job and the alleged higher-graded job were located indicates that the duties he performed during the period in question were not the full duties of a WG-12. Our Claims Division denied Mr. Beach's claim for the same reasons. Mr. Beach has provided statements from supervisors as to the type of work he did. However, there is nothing in the record that indicates that Mr. Beach was detailed to a higher-graded position. Civil Service Bulletin No. 300-40, May 25, 1977, defines a detail, in part, as the temporary assignment of an employee to a different VM ^-% 4e) 44_ Z7

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