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B-202685 1 (1982-08-17)

handle is hein.gao/gaobadkoc0001 and id is 1 raw text is: THLI L'OMPTROLLEf liNKRA, V) C GI D1\1LlF T HUF.U N ITE6D STATEE2 J WAGINGTONt . 0,C.%101340 FILE: B-202685 DATE: Auast 17, 1982 MATTLUR OF: Erlyn D. Flder - Claim for Retroactive Class.ficaticn and Promotion D)G!zET: a. Civilian employee of the Department of the Army employed in GS-7 position at time of claim soeks retroactive classi- fication and promotion with backoay for performing dutieti of position subs4.quently .lassified as GS-9, Even assuming the correctness of her contention, we hold that this classification action cannot be given retroactive effect, and employee's claim is denied, . Employee ulaims retroactive temporary promotion and backpay, under our Turner-Caldwell decisions, However, the Court of Claims r%tled in Wilson v. United States, Ct. Cl. No. 324--81C, Order, October 23, 1981, that employees have no entitlement under statute or the Federal Personnel Manunl to temporary promotions for overlong details, 3ince we have revently ruled that we will follow the Wilson decision and no longer follow our pior TurnerCaldwell decisions with 'capect to pending oi future casese the employee's claim is denied. See Turner: Caldell III, B-203564, May 25, 1982, 3. Prior Xo our decision An Turner-Caldwell III, Departivint of the Army administrative procm.eding granted employee's claim under Turner-Caldwell, counting a temporary pro- mo nperiod as part of detail time. However, such a period cannot count as detail time, and omitting this time from computations. details here were less than 120 days. Employtee is thus liable for erroneous pay- ment of compensation in excess of GS-7 level she received during relevant period, but under circumstances of this case, we will grant waiver of Government's claim for It. -. ~ -~* - - - --.--.- - ~-t - ~ - - - -. - a - - - - - - - - - -

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