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B-196633 1 (1980-05-19)

handle is hein.gao/gaobadigq0001 and id is 1 raw text is: £ V_. - . / 3 ??') 0OLLE4 0 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. .C. 20548 FILE: B-196633 DATE: May 19, 196U MATTER OF: Oscar G. Adams claim for Retroactive Promotion and Backpa , Employee is not entitled to remedy of temporary promotion and backpay prescribed in our Turner- Caldwell decisions where he has been detailed to or has performed duties of higher-grade position which has not been classified because it is well-established rule that employee may not be promoted to position which has not been classi- fied. Employee has not sustained burden of proof based on one letter from fellow employee in support of his contention that he was detailed to and performed full range of duties of higher- grade classified position. This action is in response to a request for reconsideration by Mr. Oscar G. Adams of our decision B-196633, January 4, 1980. Mr. Adams' claim for a retroactive promotion with backpay was denied because the record failed to show that he was detailed to an established higher-graded position. Further, Mr. Adams had not presented any proof that he was detailed. Mr. Adams has presented a letter from Mr. Emil F. Hawes, Sr., Beaufort, South Carolina, in support of his contention that he was detailed. We requested the Department of the Navy, Head- quarters, United States Marine Corps (the Department), to comment on the additional information and its reply is also part of the record. Mr. Adams bases his claim to a temporary promotion and backpay on our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), and 56 id. 427 (1977), which held that employees detailed to higher-grade positions for more than 120 days, without Civil Service Commission (now Office of Personnel Management) approval, are entitled to retroactive temporary promotions with backpay for the period beginning with the 121st day of the detail until the detail is terminated. However, that rule is predicated upon the employee being detailed formally or informally to an existing position. See 56 Comp. Gen. 427, supra, at 430. DIGEST: / P11n__L

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