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B-183960 1 (1976-03-02)

handle is hein.gao/gaobaddfe0001 and id is 1 raw text is: DECISIDl FILE: B-18 THE COMPTROLLER GENERAL \l .>A. OF THE UNITED STATES WASHINGTON,. D.C. 20546 S%ITVA DATE: MAR 2 3960 1976 eM * MATTER OF: Ruth Wilson - Retroactive Temporary Promotion DIGEST: Employee was advised prior to a detail action that, if she so elected, she could be promoted temporarily but would not receive per diem while at temporary duty station. She elected to receive per diem in lieu of temporary promotion. Although a temporary pro- motion was discretionary, the agency had no right to require employee to make such a choice. Since the agency states that the employee would have been promoted but for the improper action, an unjustified or unwarranted personnel action occiurred and retro- active promotion with backpay for the period of the detail may be made. The Department of the Treasury seeks authority to grant a temporary retroactive pronotion for Ms. Ruth Wilson, an Employee Development Specialist, GS-12, in the Philadelphia Regional Office of the Internal Revenue Service (IRS), under the circumstances stated below. According to the submission dated May 9, 1975, from Warren F. Brecht, Assistant Secretary for Administration, Ms. Wilson was detailed to the Newark District as District Training Officer, a GS-13 position, from December 10, 1973, to March 1, 1974. Prior to the detail Ms. Wilson was advised that she could be promoted on a tem- porary basis to the GS-13 position, but that, if she so elected, such action would constitute a change in her post of duty and she would not be entitled to a per diem allowance during the detail. Ms. Wilson elected to receive per diem instead of the temporary promotion. Ms. Wilson later filed an internal grievance action stating that she was denied the promotion based on a misinterpretation of regu- lations. On review, the national office of IRS advised the regional office that an employee assigned to a place other than his permanent duty station, at such a distance that it is not practicable for the em- ployee to travel there daily, is entitled to per diem during the stay, even if a temporary promotion is given. .Thereupon, the regional office requested authority to compensate Ms. Wilson for performing the duties of the GS-13 position during the period 6f the detail. PUBLISHED DECISION !

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