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B-205760 1 (1982-07-13)

handle is hein.gao/gaobadkmk0001 and id is 1 raw text is: 



TH   COMPTROLLIC
OF THE UNITRID


   OENIsie~t.
O8UEAL
S TAT ED


WASH INGTONt 0.0. 9054


FILE: 5-205760


DATIE:


July 13, 1982


  MATTER C


  DIGEST:




















     The isu
entitled to
incident to
based on our
(1975), sust


)F:


James C. Bognore - Retroactive temporary
promotion with backpNy incident to an
ovorlong detail


A GS-12 employee of the Department of' the
Navy, claims a retroactive temporary pro-
Notion with backpay under our Turner-
Caldwell decisions, for allegedly having
performed 92 percent of the duties of a
higher gradd, GS-13, potition during an
overlong detail.  However9 the Cotrt of
Claims ruled in Wilson v. UnitedStates,
Ct. Cl. No. 324-810, Order. October 23,
1981, that employees have no entitlement
under the applicable statuti (5 U.S.C:
§ 3341 (1976)) or the Federal Personnel
Manual to temporary promotions for over-
long details. Since we have recently
ruled that we will follow the Wilson
decision and no longer follow our prior
Turner-Caldwell decisions with respect to
pending or future cases, the employee's
claim is denied. See Turner-Caldwell III,
B-203564, May 25, 1982, 61 Camp. Gen.
(1982).

ue in this decision is whether an employee is
a retroactive temporary promotion with baccpay
an overlong detail to a higher graded position,
decisions in Turner-Caldwell, 55 Comp. Gen.. 539
ained in 56 Comp. Gen. 427 (1977).


     Mr. James C. Bognore requests reconsideration of his
claim for a retroactive temporary promotion with backpay
which our Claims Group disallowed by Settlement Certificate
Z-2830761, June 26, 1981. Mr. Bognore, a GS-12 employ-
ee of the Navy, claims a retroactive temporary promotion
with backpay dun to an ovsrlong detail to a GS--13 position.
Our Claims Group disallowed his claim because Mr. Bognore
did not perform the full range of duties of the higher
graded position and because his detail did not exceed the
240-day limit established under Federal Personnel Manual
Bulletin 300-48, effective, February 15, 1979.


DECIBIOIN

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