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B-193360 1 (1979-05-07)

handle is hein.gao/gaobadhes0001 and id is 1 raw text is: - THE COMPTROLLER GENERAL DECISION . OF THE UNITEO STATES WASHINGTON, D. C. 20548 FILE: B-193360 DATE: MAY 0 7 1979 ER OF: Ja es W. Barrett - Interagency detail - C rio::: orOf Retroactive temporary promotion 4 11-5,9yCIOU1 DIGEST: Employee was detailed from Small Business 4 A67 Administratin to Federal Energy Administration. He claims backpay for period when he performed duties allegedly assigned to higher level posi- tion. Claim may not be paid since employee cannot be promoted to position which has not been classi- fied. Applicable regulations and instructions providing backpay for improper details relate only to transfers within the same agency. This action is the result of an appeal from a settlement of our Claims Division dated June 29, 1978, denying the claim of Mr. James W. Barrett for a retroactive temporary promotion and backpay. Mr. Barrett's claim arose in connection with his detail from the Small Business Administration to the Federal Energy Administration from January 17, 1974, through October 29, 1974. Apparently he is claiming on the basis that while in a grade GS-12 position he was detailed to a GS-13 position for a period in excess of 120 days. Mr. Barrett's claim is denied for the following reasons. The record shows that Mr. Barrett was detailed to the position of Federal Allocation Officer with the Federal Energy Administration. Although the personnel documents in the file show that he was detailed as a Federal Allocation Officer, administrative reports from both the Federal Energy Administration and the Small Business Administration state that he was detailed to an undescribed and unclassified position designated as Special Assistant to the Director, Operations Division. The position to which Mr. Barrett was detailed was unclassified throughout the period of the detail. It was subsequently classified as a Fuel Allocation Officer, GS-5-301-13,onAugust 31, 1976, and later downgraded to a Supervisory Applications Examiner, GS-963-10. In Matter of Everett Turner and David L. Caldwell, 55 Comp. Gen. 539 (1975), affirmed at 56 Comp. Gen. 427 (1977), we held that employees detailed to higher grade positions for more than 120 days, without Civil Service Commission approval, are entitled to retroactive temporary promotions with backpay for the period beginning with the 121st day of the detail until the detail is

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