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B-196178 1 (1981-08-25)

handle is hein.gao/gaobadjrr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION. , OF THE UNITED STATES WASHINGTON. D.C. 20548 VNIT S B-i196178/ FILE: B 6 DATE: August 25, 1981 Phillip Swart -_Retroactive Temporary MATTER OF:Promotion and Backpay 1. In claim for detail under Turner- DIGEST: Caldwell, 55 Comp. Gen. 539 (1975), affirmed 56 id. 427 (1977), questions of existence of position, and of whether employee performed full scope of duties and responsibilities of higher-grade position are factual in nature. 2. The General Accouting Office decides claims against the United States on the basis of the written record. Reasonable doubts are resolved in favor of the Government since the claimant has the burden of proving the liability of the United States and the claimant's right to payment. 4 C.F.R. § 31.7. Therefore, where, as here, there is a dispute between an employee claiming backpay and his agency as to material facts which this Office cannot resolve from the written record, the claim will not be allowed. This decision is in response to an appeal by Mr. Phillip Swart from our Claims Division (now Claims Group) Settlement Certificate No. Z-2795443, dated May 29, 1979, which denied his claim for a retroactive temporary promotion and backpay. Mr. Swart contends that while officially appointed to the position of Electric Power Representative GS-14 with the Department of the Interior (the Department) he was detailed to the higher-grade position of Assistant to the Administrator GS-301-15, Defense Electric Power Administration (DEPA), for the period from January 2, 1977, to September 30, 1977, without prior Civil Service Commission approval. A principal function of this posi- tion was to act in the absence of the Administrator. Since there was no Administrator at that time, Mr. Swart's allegation continues, he assumed that position's duties and functioned as the Acting Administrator and, after a reorganization, as the Acting Director, Electric Power Unit.

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