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B-195230 1 (1981-03-05)

handle is hein.gao/gaobadjei0001 and id is 1 raw text is: C THE COMPTROLLER GENERAL DECISION . .OF THE UNITEO STATES WASHINGTON. D. C. 20548 FILE: B-195230 aDATE: Mrch 5, 1981 .MATTER OF: Earl E.M Ginty -Reconsideration of decision denying claim for extended detaiJ DIGEST: Employee, who was detailed from competitive service position to excepted service position is not entitled to remedy under Turner- Caldwell decisions for overlong detail since those decisions apply only to details covered under Fed- eral Personnel Manual, Chapter 300, S8-2. B-195230, January 10, 1980, affirmed. Mr. Earl E. McGinty requests reconsideration of our decision in B-195230, January 10, 1980, denying his claim for a retroactive temporary promotion and backpay incident to an extended detail. Mr. McGinty's claim is based on an extended detail from July 1, 1972, to May 25, 1974, from a competitive service position to a National Aeronau- tics and Space Administration (NASA) excepted service position established under 42 U.S.C. § 2473(b)(2) (1970). Our prior decision held that Mr. McGinty was not entitled to the remedy under our Turner- Caldwell decisions, 55 Comp. Gen. 539 (1975,T affirmed at 56 Comp. Gen. 427 (1977) for two rea- sons. First, we held that since our Turner- Caldwell decisions apply only to details within the competitive service or the excepted service under the General Schedule, Mr. McGinty's detail would not. come within the scope of these decisions. Second, we held that since Mr. McGinty's detail did not comply with Civil Service Commission (CSC) regulations governing appointment of an employee from the competitive to the excepted service, there is no remedy for the overlong detail. In requesting reconsideration, Mr. McGinty argues that his situation is quite comparable to our Turner-Caldwell decisions, and he questions why his detail does not fall within the scope of our deci- sions. Mr. McGinty also argues that NASA did comply with CSC requirements governing movement from the competitive to the excepted service.

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