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B-203008 1 (1982-07-07)

handle is hein.gao/gaobadklw0001 and id is 1 raw text is: CLIC!ISION FILE: B-203018 MATTER OF: DIGEST; THU COMP'TROLLER CENERAL op NHE UNITED UTATEU WASHINGTCN, , C, 80043 DATE: July 7, 1982 Clarine B, Wynn Former GS-4 employoe of the Defense rupply Agency claims she was detailed to perform duties of C-7 position ar.d requests reconsideration of our decision tIatter of Wenn, B-203008, July 7, 1981, in which he- claim for a retroactive temporary promotion anM backpay based on our Turner-Caidwell decisions was dented, However, the Court of Claims ruled in Wilson v, United States, Ct. Cl. No. 324-81C, Order, October 23, 1981, tl.at er.ployees have no en- titlement under antatute or the Federal Personnel Manual to temporary promotions for overlong details. Since we have recently ruled that %e will follow the Wilson decision ind no longer follow our prior Turnor-Caldwell decisions with respect to pending or future cases, the employee's claim is denied. See Turner-Cnaldwell III, B-203564, May 25, 1982. Mrs. Clarine B. Wynn, formerly an employee of the Defense Ounply Agency, through her attorney, has requested reconsidera- tion of Comptroller General decision fatter of Wynn, B-203008, July 7, 1981, denying her claim for a retroactive promotion and bacltpay from grade GS-4 to GS-7 incident to an overlong detail. Mrs. Wynn's claim is based upon our Turner-Caldwell decisions, 55 Comp. Gen. 539 (11:75), sustained in 56 Comp. Gen. 427 (1977), which held that employees who were retailed to higher grade positions more than 120 drys without prior approval of the United Statea Civil Service C,,aaisston (now office of Personnel Manage- ment) are entitled to temporary prumotions and backpay beginning on the 121st day of the detail. Mrs. Wynn's claim was previously denied on the grounds that she did not provide sufficient docu- mentation to eetabhsh that she performed the full range of duties of the GS-7 position to which she alleged she was detailed. Recently, the United States Colrc of Claims decided in Wilson v. United States, Ct. Cl. No. 324-81C, Order, October 23, 1981, that neither the applicable statute (5 U.S.C. 5 3341) nor the Federal Personnel Manual authorizes a retroactive promotion and backpuy in cases involving overlong details. li Turner-'aldwell II. B-203564, May 25, 1982, on the ba',i.. of the Wilson decision, we held that with respect to all claims . a 71AI 4-1

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