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B-192449 1 (1978-09-12)

handle is hein.gao/gaobadgir0001 and id is 1 raw text is: THE COMPTROI.LER OENIRAL DIECIlIN i.j&7. :.j cF THE UNITED STATES Wt WAB8H INST -rJ.r D. c. 2 0M,40E FILE: B-192449 DATE: Scptexber 12, 1.97 MATTER OF: Delmore E. John - Detail to Higher Grade Position DIGEST: Employee at GS-12 level was detailed to 0S-13 position for more than 120 days without agency request for Civil Serv.ce Commission approval as required by regulations. Employee was nub- sequently permanently appointed to the GS-13 position by the President. Employee is not entitled to retroactive temporary promotion for the period of detail since the law requires the Governor to recommend and the Presider: ti appoint to the GS-13 position. Subsequent appointment by the President for the permanent position cocs not conetitute endursenent of his qualitications for promotion durirg his detail. This decision is rendered at the request fir an advance decision from Mr. R. F. Wisniewski, Administrative end Logistics Manager, Office of the Director, Selective Service System, dated December 29, 1977, addressed to our Claims Division, as to whether Mr. Delmore E. John, a former employeL of the Selective Service, is entitled to a retroactive temporary promotion iucident to his detail to the position of Acting State Director, for approximataly 9 months. Mr. Wisniewski states that on January 25, 1975, Mr. John was detailed from his pernanent pos.1tion as Deputy State Director/ Operations Officer, a GS-12 position, to be Acting State Director, a GS-13 poaition. Mr. John remained in this detail (without prio- approval from the Civil Service Commission for the period beyond 120 days) until October 23, 1975, at which time he was officially appointed by the President as State Director and converted tn an excepted appointment, Schedule A, GS-13. MT. John received a temporary promotion to grade GS-13 on September 14, 1975, pending completion of a background investigacion for the State Director's position. The delay ir the appointment was due to the failure of the Governor of Utah to nominate Mr. John until September 3, 1975, 220 days after he was appointed Acting State Director. ...=- I I I I I I I I I I

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