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B-194022 1 (1980-02-12)

handle is hein.gao/gaobadhzn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISI lN o IF THE UN ITE D STATES WASHINGTON, D. C. 20548 FILE: B-194022 DATE: February 12, 1980 MATTER OF: illiam F.Baker - Detail in excess of 120 days DIGE +: 7hooug GS4 employee s detailed to other positio s for more than 120 days, he is not entitled to retroactive temporary promotion and backpay since he was not detailed to higher-grade position. Referral of claim to agency by General Accounting Office for settle- ment means it is to be adjudicated on merits; . payment is not directed. Also, amount shown as due employee on agency form referring Claim to General Accounting Office for direct settlement merely indicates amount agency believes would be payable if claim is allowed. This decision is in response to a request by Mr. William F. Baker, a former employee of the Department of the Air Force for a review of the disallowance of his claim for a retroactive temporary promotion and backpay by our Claims Division. The claim was dis- allowed because Mr. Baker, a GS-4 employee, was not detailed to perform duties classified at a grade level higher than his official grade. The appeal was made by Mr. Baker's union representative Mr. Henry A. Webb, the President of Local No. 1138 of the American Federation of Government Employees. This appeal is based on apparent inconsistencies among various documents in the record of this case. Mr. Webb finds it inconsistent that the claim should ultimately have been denied when certain documents suggested to him that the claim would be upheld. Mr. Webb refers to a Claims Division letter dated March 29, 1977, which stated that the claim should be settled, and to an Air Force Disposition of Claim which shows that Mr. Baker was due $67.19, an amount less than that claimed by him. Mr. Baker claims a temporary promotion to GS-5 and backpay for the period August 20, 1971, through December 31, 1974. The administrative report states that he was officially detailed from his GS-4 position to an unestablished position from August 21, 1971, through December 27, 1971. From December 28, 1971, through February 18, 1972, he was detailed to a second GS-4 position.

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