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B-195943 1 (1979-12-12)

handle is hein.gao/gaobadhuk0001 and id is 1 raw text is: 

                         P7OTHE  COMPTROLLER GENERAL
DECISION . &     OF THE UNITED STATES
                            WASHINGTON, Q. C. 20548


FILE:   B-195943


DATE:   December 12, 1979


MATTER OF: Robert J.   Millet


DIGEST:


GS-12 employee of the Air Force claims a retroactive
temporary promotion for performing duties which were
subsequently classified at grade GS-13. Claim is
denied as an employee may not receive a retroactive
temporary promotion to a position for the period
before it is classified. 55 Comp. Gen. 1062 (1976).


     By a letter dated August 3, 1979, Robert J. Millet appealed
Certificate of Settlement Z-2812375, issued June 12, 1979, which
denied his claim for a retroactive temporary promotion and
backp

     The record shows that Mr. Millet is a GS-12 engineer with
the Department of the Air Force whose duty station is Headquarters
Air Force Communications Security Center, San Antonio, Texas. P
On November 7, 1977, in conjunction with an internal reorganization
Mr. Millet was assigned the duties of Chief, TEMPEST Engineering
Branch.  He continued to perform these duties for approximately
one year.  However, the position was not established until
August 7, 1978, at which time it was classified at grade GS-13.
He was detailed to that position for 60 days.

     On November 21, 1978, Mr. Millet filed a claim which was
indorsed by LTC Howard Ritchie, for a retroactive temporary
promotion to grade GS-13 from November 7, 1977, until
November 11, 1978. The claim was denied on June 12, 1979,
on the basis of 55 Comp. Gen. 1062 (1976) which held that an
employee may not be promoted to a position which has not been
established and classified. Mr. Millet has requested reconsider-
ation of the action of the Claims Division on the following
grounds:

         (1) That the SF-50's documenting his detail to the
         GS-13 position were prepared after the detail had
         been completed;

         (2) That a notice of a pending reduction in force
         identified his unestablished position as one of
         those affected;


444   ' 111013

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