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B-191642 1 (1980-01-23)

handle is hein.gao/gaobadhxw0001 and id is 1 raw text is: DECISON ~ 0~ n~ L ~ 1 ~jO I 64t-3 ~r-. THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: January 23, 1980 MATTER OF: Joe F. McLeod Retroactive Temporary Promotion Reconsideratio1 DIGEST: Retroactive temporary promotion is denied where em- ployee did not rebut employing agency's finding that higher-level duties, although accruing to employee's position, were result of classification error as cpposedto detail to classified, established position at higher grade. Under United States v. Testan such error can be corrected only prospectively by employing agency or Office of Personnel Management. Mr. Joe F. McLeod asks for reconsideration of our denial of his claim for a retroactive temporary promotion with backpay based upon a detail to a higher-graded position. In our decision, Matter of Joe F. McLeod, B-191642, November 17, 1978, we noted that Mr. McLeod's employing agency, the United States Army, Fort Bragg, North Carolina, had determined in May 1976 that Mr. McLeod had apparently performed the duties of Cook WG-08. How- ever, during the period June 9, 1970, to February 23, 1975, Mr. McLeod had occupied the lower-grade position of Cooks Helper, WG-05. In our decision, therefore, we requested that the agency determine whether higher-grade duties performed during this period resulted from an accretion of such duties to Mr. McLeod's position not accurately reflected by classification action or from the assignment of Mr. McLeod to an established, classified position at the higher grade WG-08. The decision pointed out that if the agency reached the latter conclusion, Mr. McLeod would be entitled to a retroactive temporary promotion in accordance with our Turner-Caldwell decision, 56 Comp. Gen. 427 (1977). But we said that an erroneous classification action would not warrant a retroactive temporary promotion, since it could be corrected only prospectively by reclassifying Mr. McLeod's position under the U.S. Supreme Court's ruling in United States v. Testan, et al., 424 U.S. 392 (1976). By letter of January 17, 1979, the Finance and Accounting Officer at Fort Bragg transmitted the agency's official finding of fact as we had requested. The Civilian Personnel Officer of the employing agency reported that the evidence of record had been carefully reviewed and the agency had concluded that Mr. McLeod was not detailed to the

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