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B-195650 1 (1980-03-19)

handle is hein.gao/gaobadici0001 and id is 1 raw text is: 


                 ~ THE COMPTROLLER GENERA\'
DECISION                 OF  THE   UNITED STATES
                         WASHINGTON, D C. 20548



FILE: B-195650                DATE:   March 19, 1980

MATTER  OF: Freda E. Falatko


DIGEST: Employee of the Department of the Navy
         requests a retroactive temporary promotion
         from grade GS-11 to GS-12 beginning January.8,
         1973, for performing the duties previously
         performed by her supervisor. Claim is denied
         as record shows that GS-12.position was
         cancelled prior to time employee met CSC
         Handbook X-118 requirements for promotion
         to GS-12 position. See cited decisions.

     By a letter dated July 5, 1979, Ms. Freda E. Falatko
 appealed Certificate of Settlemen-t-No. Z-2802143, issued
 March 15, 1979, which denied her claim for 4 retroactive
 promotion and backpa to grade GS-12 beginning January 8,
 1973.

     The record shows that in July 1971, Ms. Falatko,
 an Intelligence Assistant, GS-134-9, was assigned to
 the Customer Requirements Office of the Navy Field
 Operational Intelligence Office in Suitland, Maryland.
 After the assignment she was promoted to grade GS-134-10.
 On January 8, 1973, Ms. Falatko was designated Head,
 Customer Requirements Office by an office memorandum to
 replace Mr. Albert I. Pioso, a GS-12. Subsequently, she
 was promoted to grade GS-134-11, effective August 19,
 1973. On March 15, 1978, she requested a retroactive
 temporary promotion to grade GS-12 from January 8, 1973,
 until the present based on our decision Turner-Caldwell,
 55 Comp. Gen. 539 (1975), affirmed 56 id. 427 (1977).

      In evaluating this claim we requested an adminis-
 trative report from the Department of the Navy. That
 report indicated that the position which included the
 duties of Head, Customer Requirements Office, previously
 held by Mr. Pioso, was classified as an Intelligence
 Research Specialist, GS-132-12 by Position No. 35-71
 of January 27, 1971. This position was cancelled by the
 Consolidated Civilian Personnel Office, Washington Navy
 Yard, on April 15, 1974, as a result of an annual
 maintenance review. In addition, the report stated that

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