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B-189663 1 (1978-10-05)

handle is hein.gao/gaobadglq0001 and id is 1 raw text is: b. 0DECiSION 'I - FILE: B-189663 MATTER DIGEErT: TMU COMPTROLLER CENURAL A#Z OF THE UNITED ETATES WABMINOTON, D.C. 9054t0 DATE: Ostobr 5, 1978 OF: Patrick L. Piters - Claim for Retroactive Compensation ltile Performtng Higher Leve. Duties Electrical Engineering Technician, GS-7, who alleges that he performed duties of GS-11, Electrical Engineer position vacant for 7 months seeks reconsideraticn of GAO decision denyin% backpay. Claimant admits he was not qualified for GS-11 position and did not have tfme-in-grade required by Whitten Anendment. However, he now claims backpay for performanco of S-9 'duties and submits evidence that he has Deen temporarily promoted to Electrical Engi.neering Technician, 05-9, ini 1978. Disallowance is sustained. Ad- ditional'evidence does not provo detail to GS-9 and subse''luent temporary promotion has no relation to period of claim. . Thia action concerns a request by Mr. Patrick L. Peters for reconsideration of decision B-1a9663, November 23, 1977, which affirmed the derdial by our Claims Division of his claim for retroactive compennation for performing the dutiEs of-Electrical Engineer, grade OS-11, during the period Marih S through Octobelr 29, 1976, while employed as an Electrical Engineering Techninian, grade GS-7, by the U.S. Naval Ammunition Depot, McAlester, Oklahoma. The'ifacts are stated in our decision' of ?>ovember 23, 1977, and will not be repeateci ecept to the extent necessary for resolution of the po!khtsi raised in the request for reconsidera- tion. Mr. Peters claimed backpay for the period March 8 through October 29, 1976, and our decision'sustained the denial of his claim by-our Claims Division. We sustained the denial bceue (2) the proper course for Mr. Peters to'have purA'ied w Iuld -tave 'been' an appeal of his position classification Jo thi}tCivi Service Commission if there had been an accretton of his duties; and (2) fhis case was distinguished from ReconsidertiaVonf Turn'r-Cald'well, 56 Comp. Gen. 427 (1971, and cases cited'thtrein, since he was not officially detailed to perform the duties o'f the higher grade position, he did not possAss the requisite.engineering degree or equivalent experience to qualify for the higher grade position, and he had not :let the requisite time-in-grade required .under '-7; tip -J 0 .

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