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B-195598 1 (1979-12-20)

handle is hein.gao/gaobadhuz0001 and id is 1 raw text is: DEC ISION FILE: B-195598 o ~\THE COMPTROLLER GENERAL . cOF TH><E UNITED STATES VWASHINGTON. O.C. 20548 NIT2 . DATE: December 20, 1979 MATTER OF: Lawrence D. Sutton - Retroactive Temporary Promotion DIGEST: ,) Claimant is not entitled to retroactive.temporary promotion. Civilian Personnel Officer, who supervised claimant, submitted written statement that he, not claimant, supervised Management Employee Relations Branch of personnel office. Although claimant sub- mitted written statements of other branch chiefs indicating that they regarded claimant as branch chief, claimant has not sustained his burden to prove that he was in fact detailed to and performed the full range of the duties of the higher grade position. Mr. Lawrence D. Sutton appeals the disallowance of his fcaim for 4 retroactive temporary promotion with backpa because of a detail to a higher level position. Our Claims Division disallowed the claim by Settlement Certificate No. Z-2705374, Mpreh-15, 1979. The issue is whether there is proof showing thafE Mr. Sutton, while an employee of the Army, was actually detailed to and performed the essential duties of an established position at a higher-grade level than he was paid. Mr. Sutton says that he was detailed to the duties of Chief, Management Employee Relations Branch, Civilian Personnel Office, 2 Fort Lewis, Washington, for-the period from July 1, 197 ,Tii~ough August. 16, 1975, except for the period from March 16, to June 22, 1975, when he states he served under a temporary promotion. This higher-grade position was classified as Supervisory Labor Management Relations Specialist, Occupational Code GS-0230, at grade level GS-13. Based on a statement written by Mr. Sutton's former supervisor, Mr. Glen W. Berry, who had been the Civilian Personnel Officer at Fort Lewis during the portion of the claim period ending December 3 1974, te Ar-iy as well as our Claims Division denied Mr. Sutton's claim for a retroactive temporary promotion. According to his statement, Mr. Oscar P. Sciaqua, who had been the incumbent of the 1, higher-grade level position in question, retired on or about (j~ONO gi

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