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Claim for Retroactive Promotion and Backpay

B-193723 Sep 21, 1979
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Highlights

An employee appealed the disallowance of her claim for a retroactive promotion and backpay, claiming that she was improperly detailed to a higher grade position from February 1, 1975 to November 23, 1975. She contended that while at her permanent duty station and on temporary assignments to various regional offices, she performed the duties of a higher grade position which constituted an improper extended detail to a higher grade position. GAO has held that where an employee is detailed two or more times, each detail is a separate personnel action; each detail must have exceeded 120 days before a determination may be made that the employee must receive a retroactive temporary promotion. GAO found that the employee was not entitled to a retroactive promotion incident to her details to the regional offices, because none of the details exceeded 120 days. The employee failed to provide evidence to show that she was actually temporarily detailed to fill an established higher grade position. Since an employee is only entitled to the salary of the position to which appointed regardless of the duties performed, there was no basis upon which to allow an award of backpay. The denial of the claim was sustained.

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