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B-194220 1 (1979-06-28)

handle is hein.gao/gaobadhje0001 and id is 1 raw text is: DECISION FILE: B-194220 0t'LEP . THE CMPTROLLER GENERAL oF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: June 28, 1979 MATTER OF: Ray V. Pyle -L laim for Retroactive Backpay Incident to Extended Detail DIGEST: Employee, who was detailed to higher graded position for period of 10 months, was denied promotion to that position on ground that he was not suitable for position. He is not entitled to retroactive tempo- rary promotion for extended detail although he was found fit for duty. Since higher graded position was designated sensitive, employee was required to have security clearance for promotion and he did not have requisite clearance. This decision responds to the appeal by Mr. Ray V. Pyle of our Claims Division settlement denying his claim for a retroactive tempo- rary promotion based upon an extended detail to a higher graded position. The issue presented for our decision is whether Mr. Pyle is entitled to additional compensation where the agency determined he was not qualified for promotion to the higher graded position. The facts in this case, as drawn from the record before us, are as follows. Mr. Pyle was employed by the General Services Adminis- tration (GSA) as a Federal Protective Officer, grade GS-5, and he was detailed to the position of Criminal Investigator, grade GS-7, for the period from September 18, 1972, to July 17, 1973. During this time Mr. Pyle applied for promotion to the position of Criminal Investigator. The agency, in considering Mr. Pyle for promotion, raised a question concerning his suitability for the higher graded position. This resulted in Mr. Pyle undergoing a psychiatric exam- ination. Although Mr. Pyle was found fit for duty, he was never found to be suitable for the position of Criminal Investigator, and he never received the security clearance necessary for promotion to the higher graded position. The agency and our Claims Division have denied Mr. Pyle's claim for a retroactive temporary promotion while detailed to the higher graded position on the ground that he was not qualified for promotion to that position. Mr. Pyle argues on appeal that he was qualified for the higher graded position, and he has submitted additional documents to support his contention. 64 46*

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