About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-219565 1 (1986-02-11)

handle is hein.gao/gaobadmee0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OKOISION . 1A OP THE UNITED STATES .' WASH INGTON. 0 C. 20548 FILE: B-219565 DATE: February 11, 1986 MATTER OF: Marie L. Vaughn - Erroneous Promotion - De Facto Employment DIGEST: A temporary employee was promoted to a competitive position at GS-4, step 1. It was later discovered that the promotion was erroneous since she did not have competi- tive status. However, she was retained in the position pending a request for a varia- tion. The request was denied and she was returned to her prior position. Since she performed the duties of the GS-4 position, she is entitled to retain the pay of the GS-4 position as a de facto employee and is not indebted for the aditional compensa- tion received in that position. This action is in response to a request for reconsid- eration of our Claims Group's March 4, 1985, denial of a waiver of overpayments made to Ms. Marie L. Vaughn. Ms. Vaughn requests waiver of $679.02 in overpayments of pay she received between September 19, 1982, and May 28, 1983, based on an erroneous promotion. The Department of the Navy recommended approval of the waiver since Ms. Vaughn did, in fact, perform the higher level duties during the time she was erroneously promoted. Our Claims Group denied waiver on the ground that Ms. Vaughn was on notice since at least October 1982 that her promotion was erroneous and in violation of regulatory requirements for competitive promotion. We find that the issue of waiver need not be reached since Ms. Vaughn was entitled to retain the compensation received for the services performed as a de facto employee. BACKGROUND The record shows that in August 1982, Ms. Vaughn, a civilian employee of the Navy, applied under a Merit Promo- tion Announcement for promotion to the position of Budget Clerk, GS-4, step 1. She was selected for the vacancy and promoted to the position effective September 19, 1982. In October 1982, the Civilian Personnel Office (CPO) reviewed her official personnel folder and discovered that her

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most