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B-206235 1 (1982-11-30)

handle is hein.gao/gaobadktf0001 and id is 1 raw text is: ,' UHIN 'HU COMPTROLLER C1NIRAL DECISION1o 1 1 OF THUW INITEO *TATEU SWAS H I N LITO N, O 0, O054 FILE: B-206235 -0AT12 November 30, 1982- MATTER OF: Dick Burney DIGEBT: Employee's claim for backpay for a 1-year period as a grade GS-13 beginning when he was promoted from grade GS-11 to GS-12 may not be allowed, although he performed duties of the higher grade. While, in the circumstances, the agency may have had the option, as an exception to the *Whitten Amendment to promote him from grade GS-11 to GS-.i3, it did not do so, Also, the Comptroller General no longer follows Turner-Caldwell decisions which authorized bacpay for overlong details to higher grade positions. Therefure, he is entitled only to the pay of the grade he held, GS-12. Mr. Dick Burney has appealed our Claims Group's dis- allowance of his claim for retroactive promotion to grade GS-13 and backpay for the period of August 18, 1975, to August 15, 1976. For the reasons explained below, his claim may not be paid. Mr. Burney, a civilianntechnicianwith the Mississippi Air National Guard, while in grade GS-10, on August 18, 1974, was selected for a position as a Supply Management Officer which was then classified as grade GS-13 However, he was promoted only to grade GS-11 effective that date since grade GS-11 was in the normal line of promotion at the activity where he was employed. One year later, on August 17, 1975, he was promoted from Supply Management Officerv 64-06B, grade GS-11, to Supply Management officer, 64-06A,grade GS-12. After completion of 1 year in grade GS-12, on August 15, 1976, he was promoted to Supply Management officer, 64-06, grade GS-13. Mr. Burney questioned why he was not promoted directly from grade GS-11 to grade GS-13 in 1975 since there was no grade GS-12 in the normal line of promotion in the activity' where he was employed. The agency responded that based on its interpretation of applicable Civil Service Commission (now Office of Personnel Management) regulations, candidates *f 099 .

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