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B-195235 1 (1981-07-28)

handle is hein.gao/gaobadjpb0001 and id is 1 raw text is: - THE COMPTROLLER GENERAL DECISION -_' OF THE UNITEO STATES WASHINGTON, 0..C. 20548 FILE: B-195235 DATE: jl 28, 1981 MATTER OF: Richard E. Kierstead - Backpay - Detail from Developmental to Full Performance Position DIGEST: NOAA employee assigned to develop- mental Administrative Officer, GS-I1, claims backpay under Turner-Caldwell for detail to full performance Administrative Officer, GS-12, from October 31, 1971, to February 3, 1974. Classification Specialist evaluated employee's duties and responsibilities at GS-12 on December 27, 1972, and these were basically the same as those of the classified GS-12 position. Claim is denied from October 31, 1971, to December 27, 1972, because evidence is insufficient to prove detail. Detail is sufficiently proved from December 27, 1972, to February 3, 1974, and backpay is allowed beginning on the 121st day of that detail. Mr. Richard E. Kierstead has appealed our Claims Division Settlement Number Z-2795336, which denied his laim for a'retroactive temporary promo- tion and backpayjbased on Turner-Caldwell, 55 Comp. Gen. 539 (1975), affirmed, 56 Comp. Gen. 427 (1977). This decision holds that if an employee is detailed to a position classified in higher grade than his or her assigned grade'for a period in excess of 120 days without Civil Service Commission (CSC) approval, he or she is entitled to a retroactive temporary promotion and backpay for such period provided the employee would have met all qualifications and other requirements for such a promotion. Mr. Kierstead was employed as an Administrative Officer, GS-341-1, at the North Atlantic Fisheries Research Center, National Oceanic and Atmospheric Administration (NOAA), Boothbay Harbor, Maine. In the early fall of 1971 he was offered and accepted a

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