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B-192642 1 (1979-03-01)

handle is hein.gao/gaobadjau0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WAASHINGTON, 0. C. 20548 FILE: B-192642 DATE: Vareh 1, 1979 MATTER OF: Glenn E. Silvey -klaim for Backpay for Detail to Higher Grady c•JD DIGEST: Employee, classified as grade GS-13, alleges that he performed grade GS-14 duties in 1969-1970 and that he was only paid GS-13 salary. :Ciaim for. retroactive promotion wifi- backpay is denied. Record fails to indicae detail to established higher graded position. This matter arises from a request for reconsideration of our Claims Division settlement Z-2706711, dated June 19, 1978, which denied the claim of Glenn E. Silvey for a retroactive temporary promotion and backpay. Mr. Silvey entered duty as a Special Agent of the Federal Bureau of Investigation (FBI) in 1951. 4e was promoted to a gradYeGS-3 on December 24, 1961, and on February 18, 1969, was approved as a field supervisor in Oklahoma City. He served as a field supervisor until November 18, 1970, and remained a GS-13 throughout this time. On November 18, 1970, he was removed from supervisory duties. His field supervisor position was then filled by an individual who was promoted to a GS-14 position 90 days after appointment. Mr. Silvey has filed a claim for retroactive temporary promotion and backpay for the period February 18, 1969, through November 18, 1970, in accordance with our decisions in the Turner-Caldwell cases, 55 Comp. Gen. 539 (1975), and 56 Comp. Gen. 427 (1977). He alleges that he was detailed to an established GS-14 position in excess of 120 days with- out receiving GS-14 salary. His claim was filed in this Office on June 29, 1976. Section 71a of title 31, United States Code, provides that any claim not received in the General Accounting Office within 6 years after the date the claim accrued is barred from consideration. Con- sequently, the portion of Mr. Silvey's claim which arose prior to June 29, 1970, cannot be considered. At the time of Mr. Silvey's performance of supervisory duties while a GS-13, the FBI position description for a GS-13 Special Agent provided that individuals so classified may serve as field super- visors. In addition, the FBI policy at that time required these individuals to complete 2 years of continuous full-time supervisory

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