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B-195023 1 (1979-08-21)

handle is hein.gao/gaobadhnp0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL DECISION. OF THE UNITED STATES VVASHINGTON, 0. C. 20548 FILE: B-195023 DATE: August 21, 1979 MATTER OF: Walter D. Corder, Jr. -[Claim for Temporary Promotion While Performing Higher Level Duties DIGEST: Employee claims retroactive temporary promotion and backpay while performing higher level duties in light of Turner-Caldwell decisions. Claim is denied since employee has failed to meet burden of proof to r support claim that he was detailed to and performed the duties of the higher grade position. Walter D. Corder, Jr., appeals our Claims Division settlement dated March 16, 1979, denying his claim for a retroactive temporary promotion and backpay for the period that he performed higher level duties. The question presented for our decision is whether Mr. Corder has presented sufficient evidence to demonstrate that he was in fact detailed to a higher level position. Mr. Corder was employed by the Naval Air Rework Facility in Cherry Point, North Carolina, as an Aircraft Mechanic Helper, grade WG-5, and he claims that from July 8, 1974. to September 11, 1977, he performed the duties of Aircraft Worker, grade WG-8. The agency denied Mr. Corder's claim on the grounds that he had not submitted acceptable documentation to substantiate the detail and that he did not begin to perform higher level assignments to any significant degree until he was temporarily promoted on September II, 1977. Our Claims Division denied the claim on the basis that, although Mr. Corder may have performed some higher level duties, he was not actually detailed to a position classified at a higher grade. On appeal, Mr. Corder's duly authorized representative states that Mr. Corder was verbally assigned the higher level duties by his super- visor. In addition, he submits a statement from three of Mr. Corder's fellow employees to the effect that Mr. Corder performed the duties of the higher level position. We have held that where an employee is detailed to a 'higher grade position and the .agency fails to seek Civil Service Commission approval to extend the detail for a period beyond 120 days, the agency must award the employee a retroactive temporary promotion and backpay for the period of the detail in excess of 120 days. Turner-Caldwell, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977). As is the case with any claim

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