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B-198120 1 (1981-09-18)

handle is hein.gao/gaobadjsq0001 and id is 1 raw text is: DECISION FILE: B-198120 MATTER C DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: September 18, 1981 DF: Forest C. McKown - Claim for backpay for detail (1) Civilian employed by Department of the Army as Training Instructor (Munitions), GS-II, claims retroactive'temporary promotion and backpay for alleged de- tail to and performance of higher-level duties of Training Instructor (Muni- tions), GS-12. Letter from former supervisor demonstrates his acquiescence in and employee's performance of higher- level duties for initial period of claim, so as to constitute a detail. Employee is entitled to relief under Turner-Caldwell line of decisions for that period. (2) For subsequent period, agency's admin- istrative record and employee's state- ment contain irreconcilable disputes of fact. Where such written statements so conflict, this Office has no alter- native but to accept agency's statement of facts. Since claim is doubtful due to lack of suitable evidence we must deny claim for subsequent period. This decision is in response to an appeal by Mr. Forest C. McKown from our Claims Group action of January 14, 1980, Settlement Certificate No. Z-2819311, which denied his claim for a retroactive temporary promotion and backpay. Mr. McKown alleges that while serving in the posi- tion of Training Instructor (Munitions), GS-1712-lI, with the Department of the Army he was detailed to the higher- grade position of Training Instructor (Munitions), GS-1712-12, for the period from July 2, 1972, to November 3, 1977, without prior Civil Service Commission approval. Thus, under ou- decision in Turner-Caldwell, 55 Comp. Gen. 539 (1975), affirmed 56 Comp. Gen. 427 (1977), he claims 1613' Iq L-1 Iq Y- 4 AlA

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