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B-203928 1 (1981-09-11)

handle is hein.gao/gaobadjse0001 and id is 1 raw text is: OECISION FILE: B-203928 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20549 DATE: September 11, 1981 MATTER OF: Irving Kintish Retroactive Temporary DIGEST: L JAI'J.'i L % / Employee appeals action of Clafims Group which denied retroactive temporary promotion and backpay.under Turner-Caldwell, 56 Comp. Gen. 427 (1977), on basis that detail was less than 240 days. Disallowance is affirmed as details commencing after February 15, 1979, are covered by FPM Bulletin 300-48, March 19, 1979, which permits agencies to detail employees for up to 240 days without OPM approval. By a letter dated June 18, 1981, Mr. Irving L. Kintish appealed the action of our Claims Group, AFMD, in Settlement Certificate No. Z-2831096, issued June 10, 1981. That action disallowed his claim for a retroactive temporary promotion and backpay from grade GS-12 to grade GS-13 between August 11 and November 18, 1980. For the reasons stated herein we affirm the disallowance of the Claims Group. Mr. Kintish, a General Engineer, GS-12, with the United States Army Armament Research and Development Command, Dover, New Jersey, was detailed to the position of Value Engineer, GS-13, on March 24, 1980. On April 13, 1980, he received a temporary promotion for 120 days, which terminated on August 10, 1980. However, he continued to perform the duties of the GS-13 position until November 21, 1980, and requested backpay for the 103-day period from August 11 through November 21, 1980. The Command's Civilian Personnel Office granted Mr. Kintish 3 days' backpay for the period November 19-21, 1980, on the basis of our decision Turner-Caldwell, 56 Comp. Gen. 427 (1977), which held that employees who are detailed to a higher grade position for more than 120 days without Civil Service Commission (now Office of Personnel Management) approval are entitled to a retroactive temporary promotion and backpay beginning on the 121st day of the detail. Mr. Kintish's 120-day waiting period consisted of 20 days from March 24 to April 12, 1980, and 100 days following his temporary promotion (the period of his temporary promotion being excluded). Thus, Mr. Kintish was granted a temporary promotion for the last 3 days of his detail, November 19-21, 1980. )1431 105L

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