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B-261661 1 (1995-12-26)

handle is hein.gao/gaocrptacco0001 and id is 1 raw text is: 


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

Decision





Matter of: Martin Kirchhausen

File:        B-261661

Date:     December 26, 1995

DIGEST

Employee who held a deputy director position is not entitled to backpay based on
an alleged overlong detail to the higher-graded director position since his position
description as deputy required him to perform the director's duties on an acting
basis. Employee's service as acting director entailed performing responsibilities
within the scope of his regular position as deputy director and, therefore, did not
constitute a detail to the director position.

DECISION

The Director, Center for Personnel Operations, Social Security Administration
(SSA), forwards for our review the appeal of Mr. Martin Kirchhausen from SSA's
denial of his backpay claim. Mr. Kirchhausen seeks backpay on the basis that he
was detailed to a higher-graded position beyond the agency-imposed limit of
30 days. For the reasons stated hereafter, we affirm the agency's denial of the
claim.

BACKGROUND

Mr. Kirchhausen was the GS-14, Deputy Director of the Communications
Management Office, Division of Integrated Telecommunications Management
(DITM). In that capacity and in accordance with his position description, he
assumed the duties of the director, DITM during short-term absences of the
director. In 1992, the incumbent director, a GS-15, was selected as a Senior
Executive Service candidate. On October 1, 1992, she began her first long-term
assignment outside of DITM and Mr. Kirchhausen took over her duties as director.
Mr. Kirchhausen performed the duties of the director through September 16, 1994,
when he retired.

On December 7, 1994, Mr. Kirchhausen filed a claim with SSA for backpay, asserting
that his service as acting director after October 1, 1992, constituted an overlong


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