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B-195648 1 (1979-12-13)

handle is hein.gao/gaobadhup0001 and id is 1 raw text is: DECISION 00-F Rr FILE: B-195648 MATTE rF: M k A Ch1 C DIGEST: DATE: December 13, 1979 arJ ~. ci. .LLaa j o Employee of the Publi Health Service appeals denial ' by Claims Division of retroactive temporary promotion on grounds that an established position existed during period of claim. Claim is denied as record shows that the position to which employee claims he was detailed required incumbent to hold a medical degree which claimant did not possess. By a letter dated June 22, 1979, Mr. Mark A. Schaaf requested reconsideration of Certificate of Settlement No. Z-2813540, issued June 12, 1979, which disallowed his claim for a retroactive temporary promotion and backpay. The record shows that on February 27, 1976, Mr. Schaaf, a Staff Nurse Aneath.etist,GS-12, with the United States Public Health Service at the Gallup Indian Medical Center, Gallup, New Mexico, was designated Acting Chief of Anesthesia Service (GS-14). This detail continued until August 13, 1977. On December 9, 1977, Mr. Schaaf filed a claim with his agency for a retroactive temporary promotion for this detail in accordance with Turner-Caldwell, 55 Comp. Gen. 529 (1975), affirmed, 56 id. 427 (1977), and Civil Service Commission Bulletin No. 300-40, May 25, 1977. The claim was denied on January 31, 1979. On February 12, 1979, Mr. Schaaf requested reconsideration of the agency's denial, and as a result of this request the claim was forwarded to ourClaims Division. In disallowing Mr. Schaaf's claim on June 12, 1979, the Claims Division stated in part: CSC Bulletin No. 300-40 requires that the detail must have been to an established position, classified under an occupational standard to a grade or pay level. Since the position whose duties you performed was established for a member of the uniformed services and not classified to a GS grade or pay level before July 13, 1977, we may not allow your claim for the period before that date. THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548

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