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B-203926 1 (1981-09-22)

handle is hein.gao/gaobadjtk0001 and id is 1 raw text is: 




DECISION





FILE:   B-203926

MATTER OF:     D
               P


OIGE~ i:


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, D.C. 20548




      DATE: September 22, 1981


ennis F. Morgan - Retroactive Temporary
romotion I


Employee of the Department of the Navy, WG-7,
claims retroactive temporary promotion for
having performed WG-8 duties. Under Turner-
Caldwell decisions, employee must establish
that he performed full range of duties of a
higher level position before he is eligible
for a retroactive promotion and backpay.
Since employee claims to have performed only
some higher-grade duties, claim is denied.
See Francis W. McConnell, B-193975, October 3,
1979.


      By a letter dated May 29, 1981, Mr. Dennis F. Morgan,
 through his attorney, Lppealed the action of our Claims
 Grouphin Settlement Certificate No. Z-2821166, issued
 Octobe5r 2, 1980. That action iisallowed his claim for a
 retroactive temporary promotion and backpay from Motor
 Vehicle Operator, WG-7, to the WG-8 level fgom October
 1974 until July 1979. For the reasons stated herein we
 affirmed the action of the Claims Group.

      Mr. Morgan is an employee of the Department of the
 Navy who works at the Navy Public Works Center, Norfolk,
 Virginia. In a memorandum dated September 24, 1979,
L.Mr. Morgan and other employees requested backpay from)
October 1974 until July 1979,12for having driven the truck
part of a crane for the previous 5-1/2 years -- a duty
they contended should be compensated at the WG-8 level,
not WG-7.   He was informed in November 1979 that driving
the truck part of a crane was work properly classified
at the WG-7 level.

      On February 11, 1980, through his attorney, Mr. Morgan
 -filed a claim with the Civilian Personnel Office at the
 Navy Public Works Center and with the General Accounting
 Office. His claim was disallowed by our Claims Group
 on the basis of information furnished by the Department
 of the Navy indicating that Mr. Morgan did not perform
 the duties of a WG-8 position. In support of his appeal
 Mr. Morgan has supplied a statement signed by his former
 supervisor,,John N. Cradle, on February 14, 1978, which
 stated that Mr. Morgan and others performed the du-ies




                             11IY73

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