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B-196227 1 (1980-05-15)

handle is hein.gao/gaobadigh0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION O2 THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-196227 -DATE: may 15, 19d0 MATTER OF: Darryl E. Laxo etroactive Temporary Promotion 3 Navy employee requests retroactive temporary promotion for an overlong detail from grade GS-11 to GS-13 between November 1972 and September 1974. During the employee's detail the position was downgraded from GS-13 to GS-12. Employee was granted a retroactive temporary promotion to grade GS-12 beginning the 121st day after November 12, 1973, the date the position was reclassified. Employee is not entitled to a retro- active temporary promotion to grade GS-13, as he did not meet the qualifi- cations for permanent promotion to the position when it was classified at GS-13. By a letter dated July 25, 1979, Mr. Darryl E. Laxo appealed the action of our Claims Division (now Claims Group, FGMSD) in Settlement Certificate No. Z-2632753, issued May 22, 1979, which disallowed his claim, based on our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), and 56 Com-p. Gen. 427 (1977), for a retroactive temporary promotion from grade GS-1l to GS-13 and backpay. Mr. Laxo's claim is for the period November 3, 1972, until September 23, 1974. For the record we note that Mr. Laxo, who is an employee of the Mare Island Naval Shipyard, Vallejo, California, was assigned the duties of Project Coordinator for Deep Submergence Vehicles by Mr. P.A. Green, Assistant Chief Design Engineer for Ocean Engineering, in a memorandum dated November 3, 1972. This assignment terminated on September 23, 1974. In denying Mr. Laxo's claim for promotion to grade GS-13, the Claims Division relied upon an administrative report supplied by the Navy which indicated that Mr. Laxo had been performing the duties of a General Engineer, GS-801-12. The report further indicated that the position of General Engineer, whose incumbent is Project Coordinator DIGEST: / I

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