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B-197427 1 (1982-06-18)

handle is hein.gao/gaobadkks0001 and id is 1 raw text is: 



                *       THE COMPTROLLER GENERALr
DECIBION      I   a     OF THE UNITED        3TATES6
                        WAHIN(TONt D. 0,. 20040



FILEi  B-197427               DATE: June 18, 1982

MATTER OF:     Dr, Howarcd R. Schlossberg - Retroactive
               Promotion and Backpay Incident to Overlong
               Detail
DIGEST:
           Employee of Department of the Air Force, a
           Physicist, GS-.1310-13, claims he was detailed
           to perform the duties of Chief, Laser Physics
           Branch, Optical Physics Laboratory, General
           Physical Scientist, GS-1301-15, from March 22,
           1979, through April 14, 1973. He seecs retro-
           active temporary promotion and backpay under
           our Turner-Caldwell decisions, However, the
           Court of Claims ruled in Wilson v. United
           States Ct. Cl. No. 324-81C, order, October 23,
           1981, that employees have no entitlement
           under statute or the Fedderal Personnel Manual
           to temporary promotions for overlong details.
           Since we have recently ruled that we will
           follow the Wilson decision and no longer
           follow our prior Turner-Caldwel.l decisions
           with respect to pending or future cases, the
           employee's claim is denied. See Turner-
           Caldwell III, B-203564, May 25, 1982.


      The issue in this decision is the entitlement of
 an employee to a retroactive temporary promotion and back-
 pay incident to an overlong detail to a higher graded
 posiZion, based un our Turner-Caldwell decis.Ons.

      Dr. Howard R. Schlossberg, an employee of the
 Department of the Air Force, has appealed our Claims
 Group settlement (Z-2817633, October 17, 1979) denying
 his claim for a retroactive temporary promotion and
 backpay incident to an overlong detail. Our Claims Group
 denied Dr. Schlossberg's claim on the basis of the state-
 ment by the agency that Dr. Schlossberg did not perform
 the full range of duties of an established classified
 position.

      Dr. Schlossberg's claim rests upon our Turner-
 Caldwell decisions, 55 Comp. Gen. 539 (1973), sustained
 In 56 Comp. Gen. 427 (1977), which held that employees
 who were detailed to higher graded positions more than



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