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B-229086 1 (1988-05-25)

handle is hein.gao/gaobadnci0001 and id is 1 raw text is: 

The Comptroller General
of the United States
Washington, D.C. 20548
Decision



            Winifred McCulley - Backpay - Higher Grade Duty
Matter of.  Assignment

File:       B-229086

Date:       May 25, 1988



DIGEST

A grade GS-3 employee, who claims that she was detailed to
perform the duties of a grade GS-4 position for nearly
1 year, is not entitled to a retroactive temporary promotion
and backpay. The Court of Claims ruled in Wilson v. United
States, 229 Ct. Cl. 510 (1981), that employees have no
entitlement under the applicable statute or regulations to
temporary promotions for overlong details.


DECISION

This is in response to a request from Mr. Peter H. Tovar,
Chief, Accounting and Finance Division, Defense Logistics
Agency, for an advance decision regarding the claim of
Ms. Winifred McCulley for a retroactive temporary promotion
and backpay based on her performance of duties at a higher
grade position in excess of 120 days. For the reasons
stated below, the claim is denied.

BACKGROUND

Ms. McCulley is a grade GS-3 secretary at the Defense
Logistics Service Center, Battle Creek, Michigan. During
the period from December 27, 1984, through December 2, 1985,
the division in which Ms. McCulley worked had a shortage of
secretarial personnel. Ms. McCulley served as the branch
secretary in the division, a grade GS-4 position, during
that time period.

Ms. McCulley received a Letter of Appreciation from her
supervisor which acknowledged that she had been asked to
perform the duties of the higher level position during the
period in question and she had satisfactorily done so.
Although the Letter of Appreciation indicates that
Ms. McCulley had not been officially detailed to the
position as branch secretary for the entire period, it is





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