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![handle is hein.gao/gaobadhwm0001 and id is 1 raw text is:
DECISION
FILE: B-19523
MATTER OF:
OIGEEST:
VN IT
A
DATE: January 10, 1980
Earl E. McGinty -(Detail to NA& Excepted
Position]
1. Employee, who was detailed from competitive
service position to NASA excepted service position
established under 42 U.S.C. § 2473(b)(2) (1970),
claims retroactive temporary promotion and back-
pay under Turner-Caldwell decisions, 55 Comp.
Gen. 539 (1975), affirmed at 56 Comp. Gen. 427
(1977). Employee is not entitled to remedy under
Turner-Caldwell decisions since those decisions
apply only to details within the competitive
service or the excepted service under the General
Schedule.
2. Employee, who was detailed from competitive service
position to NASA excepted service position estab-
lished under 42 U.S.C. § 2473(b)(2) (1970), claims
retroactive temporary promotion and backpay under
Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975),
affirmed at 56 Comp. Gen. 427 (1977). Employee is
not entitled to remedy under Turner-Caldwell
decisions since provisions in Federal Personnel
Manual regarding change from competitive to
excepted appointment were not met. See Isreal
Warshaw, B-194484, September 28, 1979.
This decision is in response to the appeal by Mr. Earl E.
McGinty of our Claims Division settlement denying his claim for a
retroactive temporary promotion and backpay incident to his ex-
tended detail to a National Aeronautics an& Space Administration
(NASA) excepted service position established under 42 U.S.C.
§ 2473(b)(2) (1970). The issue presented for our decision is whether
Mr. McGinty is entitled to a retroactive promotion and backpay for
this extended detail under our Turner-Caldwell decisions, 55 Comp.
Gen. 539 (1975), affirmed at 56 id. 427 (1977).
Mr. McGinty was employed by NASA in a competitive service
position (Supervisory Auditor, grade GS-15) as Deputy Director,
Management Audit Office, when he was detailed to the position of
Acting Director, a NASA excepted service position, from July 1,
1972, to May 25, 1974. He was subsequently promoted to that
THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, D.C. 20548
0
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