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B-196259 1 (1980-01-28)

handle is hein.gao/gaobadhyc0001 and id is 1 raw text is: 


                             THE  COMPTROLLER GENERAL
DECISION         .           OF   THE    UNITED      STATES
                             VVWASHINGTON, D.C. 20546




FILE:   B-196259                    DATE:  January 28, 1980

MATTER OF:       Truman L. Duhart - Retroactive Temporary Promotion
                 and Backpay.

DIGEST:          1.  Civilian employee of the Department of the
                     Air Force; serving in a WG-08 position claims
                     retroactive temporary: promotion and backpay
                     incident to performing higher graded duties
                     of a WG-10 position. Claim is denied where
                     employee has failed to provide sufficient
                     evidence to establish that he was officially
                     detailed to the higher-graded position and
                     that he performed the full range of duties of
                     that higher-graded position.

     Mr. Truman L. Duhart requests reconsideration of his klaim for
retroactive temporary promotion and backpa which was disallowed
by our Claims Division on September 26, 1978. For the reasons
which follow we are sustaining the adjudication of our Claims
Division.

     Mr. Duhart, a civilian employee of the Department of the Air
Force, is claiming the difference in pay between prevailing rate
positions established at WG-08 and WG-10 for the period April 1,
1975, through July 2, 1977. During this period, Mr. Duhart claims
he was performing duties of the higher graded WG-10 position although
he was assigned to a WG-8 position. His Civilian Personnel Office
denied his claim on January 13, 1978, because there was no supervisory
verification that he performed duties which could be allocated to
the WG-10 level.  Although Mr. Duhart's position was not audited
during the period concerned, the Fiscal Year 1975, 1976, and 1977
personnel surveys conducted in his section all contained supervisory
certification that Mr. Duhart's WC -U& position description was
accurate.  Subsequently our Claims Division disallowed Mr. Duhart's
claim finding that he had failed to provide sufficient evidence to
show that he had been officially detailed to a higher-graded position.

     In support of his present appeal, Mr. Duhart has submitted
copies of facility work order sheets which appear to demonstrate
the level of duties which Mr. Duhart performed during the.period
of his claim.  Mr. Duhart contends that the performance of these
assignments evidences the fact that he was detailed to a WG-10


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