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B-207866 1 (1982-07-27)

handle is hein.gao/gaobadknm0001 and id is 1 raw text is: 111900 CECIBION THU COMPTROLLER IINIfr,AL, OF TME UNITED *TATER WASHINGTON0, 00.S 905408 B-20/866 nATEt July 27, MIATTEF OF: Marvin Buses incident to -Claim for temporary cverlong detail promotion cew EBT; Employee's claim of entitlement to a retro- active temporary prcunoonAt nd backpay tinder our Turner-4.aldwell decisions due to several allegedly overlon ldetails must be denih:d since we have recently ruled that we w..l follow the decision of the Court of Claims in Wilscn v. United States Ct. C1. No. $24-81C.', Order, Octobor 23, 1981, holding that employ- ees have no entitlement under statute or the Federal Personnel Manual to temporary promo- tions for overlong details. This decision is iI response to an inquiry from Representative Pat Roberts on behalf of his cntituent, Mr. riarvin Buss. Mr. Buss, an employee at the U.S. Army Aviation Rerpearch and Development Command in St. Louis, claims entitlerient to a retroactive temporary pranotton and backpay due to several allegedly overlang details to the position of Chief, Aircraft Systemr Branch, Technical Man- agemnent Division, Office of the Prograin Manager, Advanced Attack Helicopter. Mr. Buss bases his claim on our deci- stons in Turner-Caldwell, 55 Canp. Gen. 539 (1975) and 56 Canp. Gei.~.-2il (1972). Since we have recently decidnd to follow the decAsJon by the Court of Claims in Wilson v. United States, Ct. Cl. No. 324-81C, Order, October 23, 1981, wich reaches the opposite result frAn otir Turner-Caldwe~l decisions, we hold that Mr. Buss' claim must be denied* Turner-Caldwell.III, B-203564, May 25, 1982, 61 Comp. Gen. (1982) Our Turner-Caldwell decisions held that employees who were detailed to higher graded positions more than 120 days without prior Civil Service Comissiton (now Office of Per.- sonnel Management (OPM)) approval were.entitled to tem- porary pronotions beginning on the 121st day. We note that, under Federal Persvnnel Manual Bulletin 300-48. effective February 15, 1979, OPM delegated authority to agencies to detal employees up to 240 days, instead of 120 dayi, with- out prior OPM approval. In Wilson v. United Stateu, above, the Court of Claims held that neither teiap'lle statute FILE: 1982

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