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B-196639 1 (1980-05-15)

handle is hein.gao/gaobadigi0001 and id is 1 raw text is: KU ~/ 4 - - . FILE: B-1966 MATTER OF: DIGEST: 39 DATE: May 15, 1980 Ralph Levine 14vc e Temporary Promotion Army employee appeals from action of Claims Division which denied his claim for 4 retro- active temporary promotions and backpay between July 1974 and August 1977. These 4 periods intervene between periods he was not temporarily promoted to higher-grade GS-12 position. Indications that temporary promotions were to provide continuity of operations and to correct inequities do not refute Army report stating employee's duties reverted to that of his GS-ll position at end of each temporary pro- motion or constitute proof of detail under Turner-Caldwell decisions. By a letter dated October 5, 1979, Mr. Ralph Levine appealed Certificate of Settlement No. Z-2815506, issued September 18, 1979, which denied his claims for 4 retro- active temporary promotions and backpay based on our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 Comp. Gen. 427 (1977). Mr. Levine is an employee of the Department of the Army at the U.S. Army Armament Research and Development Command, Dover, New Jersey. Mr. Levine is seeking backpay for promotion from grade GS-ll to GS-12 for 4 periods between November 10, 1974, and August 20, 1977. The record shows that he was temporarily promoted to grade GS-12 for the following periods: March 2 to June 29, 1975; May 30 to August 27, 1976; and October 31, 1976, to May 18, 1977. Mr. Levine alleges that he was detailed to a GS-12 position at all times from November 10, 1974 until he was permanently promoted to GS-12 on August 21, 1977. His claim was denied by our Claims Division (now Claims Group, FGMSD) on September 18, 1979, on the basis of an administrative report from the Department of the Army which indicated that Mr. Levine performed the duties of his appointed GS-ll position except during his temporary promotions and because Mr. Levine failed to provide sufficient STHE COMPTROLLER GENERAL DE~SIN U .OF T HE UT1 E 172 B TATE 3 WASHINGTON, D.C. 20548 t/NjITES ft _ j ,31u

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