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B-195476 1 (1979-11-09)

handle is hein.gao/gaobadhsh0001 and id is 1 raw text is: A jj1g~'& _ pTHE CONPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON. 0.C. 20548 FILE: B-195476 MATTER DIGEST: DATE:November 9, 1979 OF: Dell T. Wilkinson 7 Claim for retroactive temporary promotion and backpa j Civilian employee of Air Force in not entitled to 4(3d,96C F5 retroactive temporary promotion and backpay under Turner-Caldwell, 56 Comp. Gen. 427 (1977), although she was detailed'to higher grade military position since employee could not have been temporarily pro- moted into military position and Turner-Caldwell remedy is available only when employee satisfies requirements for temporary promotion. This action is in response to an appeal by Ms. Dell T. Wilkinson from our Claims Division's settlement certificate of November 18, 1978, which denied her claim for retroactive temporary promotion and backpay. Ms. Wilkinson was assigned as an Occupational Health Nurse, GS-7, and as a Clinical Nurse, GS-7, in the United States Air Force Hospital at Robins Air Force Base from April 2, 1969,to September 30, 1976. From October 1, 1970, to July 1, 1972, however, she performed duties as the Acting Supervisor for the Outpatient Clinic. In order to obtain experience credit for those duties she submitted a SF-172, Supplemental Experience and Qualifications Statement, along with a position description of a Supervisory Clinical Nurse, classified at the GS-9 level. Although the record supports Ms. Wilkinson's contention that she performed duties as the Acting Supervisor of the Outpatient Clinic, it also shows that those duties were assigned to a military position for which qualified military personnel were not available. In addition, the Chief Nurse, USAF Hospital, Robins AFB, stated that the duties of the Supervisor of the Outpatient CIniEwere different from those outlined in the Supervisor Clinical Nurse job description which Ms. Wilkinson submitted, and hospital records show that there was no other established civilian position which was identical or similar to the Outpatient Clinic Supervisor position. Nevertheless, Ms. Wilkinson claims backpay at the GS-9 level for the period in question. Her claim is based on Reconsideration of Turner-Caldwell, 56 Comp. Gen. 427 (1977), in which the Comptroller General affirmed earlier determinations that employees detailed to higher graded

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