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B-194736 1 (1979-11-27)

handle is hein.gao/gaobadhth0001 and id is 1 raw text is: T, cJ-~-~THE COMPTRODLLER r'J[:RAL - ECSDVO-F- T-H E - uN-P ITE o0 aTA'T C-s WASHINGTON. 0. C. 20548 VIL FILE: B-194736 DATE: November 27, 1979 MATTER OF: Vester K. Du Pree Retroactive Temporary Promotion . DIGEST: Although Air Force supervisors stated lower grade em- ployee performed higher-level duties and he was given credit for performing 77 months of work at GS-14 level, employee is not entitled to retroactive temporary pro- motion because he was not detailed to established position. Para. 3a, Air Force Regulation 40-296, December 10, 1968, and subsequent regulations required manpower authorization, as well as position description and classification action, and such action was not taken. This decision responds to the request of Vester K. Du Free, an employee of the Department of the Air Force, Wright-Patterson Air Force Base, for reconsideration of his claim for a retroactive temporary promotion and backpay based upon a detail to a higher- level position, evidently during the period December 1969 through June 1976. That portion of the claim which was not barred by 31 U.S.C. § 71a (1976) was denied by our Claims Division's settle- ment of January 25, 1979, on the tround that Mr. Du Pree had not been detailed to a higher grade established position. Mr. Du Pree, a GS-13 employee, alleges that he was detailed to an established GS-14 position since his agency gave him credit for 77 months of experience during the period of his claim at that grade level. Our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977), hold that an employee who is detailed to a higher grade position for more than 120 days without prior approval of the Civil Service Commission is entitled to a retroactive tempo- rary promotion and ba8kpay beginning on the 121st day of the detail if he meets the criteria for promotion. Subsequent decisions, such as Marie Grant, 55 Comp. Gen. 785 (1976), and Civil Service Commission Bulletin 300-40, May 25, 1977, provide guidelines for implementation of our Turner-Caldwell decisions: Entitlement to a retroactive temporary promotion requires that the assigned duties and responsibilities of the detail be those o in established position. Civil Service Commission Bulletin No 300-40 and Donald P. Konrady, B-193555, January 26, 1979. A .

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