Claim for Backpay for Extended Detail

An Army employee appealed a Claims Division decision which denied his claim for a retroactive temporary promotion and backpay incident to an extended detail from GS-9 to GS-11. The claim was denied on the ground that he was not detailed to an established position classified at a higher grade, as required. In his appeal, the employee claimed he was verbally detailed to an abolished position for about 10 months. GAO held that, when an agency details an employee to a higher grade position without Civil Service Commission approval to extend the detail beyond 120 days, the agency must award the employee a retroactive temporary promotion and backpay if he continues to perform those higher grade duties. However, it is essential that the employee be detailed to an established higher-grade position in order to receive backpay. Further, an employee may not be promoted to a position which has not been classified. In the absence of an established position, the Claims Division denial of the claim was sustained.