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B-193748 1 (1980-01-25)

handle is hein.gao/gaobadhya0001 and id is 1 raw text is: 




DECISION

                   LNITf9


THE  COMPTROLLER GENERAL L
OP   THE   UNITEO STATES
WASHINGTON, D.C. 20549


FILE:   B-193748                 DATE:   January 25, 1980

MATTER   OF: Robert Creel - Retroactive Temporary Promotion


Since GS-12 employee did not meet burden of proof
by showing that he was detailed.to and performed all
duties of higher-level position as GS-13 supervisory
auditor, he is not entitled to retroactive temporary
promotion.  Although initially supervisors said he
performed at GS-13 level as auditor-in-charge of pe-
riodic audits in their write-ups for his quality step
increase and performance appraisals, his GS-12 job
description states auditors at that grade could be
auditors-in-charge on jobs of average complexity.
Later it was determined, and supervisors agreed,
that employee had been primarily assigned to audits
at only GS-12 level of complexity.


    Mr. Robert Creel reanst  reconsideration of his claim for
a retroactive temporary promotion with, backpay based upon a
detail to a position having a higher grade than that.at which he
was appointed and paid. Our Claims Division denied the claim
by Settlement Certificate No. Z-2708027, July 10, 1978.

    The issue is whether in the absence of a formal detail,
Mr.  Creel was actually assigned all of the principal duties of a
higher-level position as required for a retroactive temporary
promotion under our decision in Matter of Patrick J. Fleming,
B-191413, September 19, 1978.

    Mr. Creel believes that he is entitled to a retroactive tem-
porary promotion because he considers that he was detailed as
a Navy civilian employee between September 18, 1971, and
February 16, 1974, to a higher-level position of Supervisory
Auditor, GS-13. He was paid during this period as an auditor,
grade GS-12, in accordance with the official position to which he
was formally assigned with the Naval Audit Service. Southest D1 & L
Region, Charleston, South Carolina. He states that his immedi-
ate supervisor, vir. J. . hooerJr.,   Acting Executive
Assistant, Naval Audit Office, Charleston, detailed him to serve
as the head of a mobile audit team, which was the GS-13 position
Mr.  Hooker had occupied before he was reassigned.


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