Claim for Retroactive Temporary Promotion and Backpay

A civilian Air Force employee appealed a GAO decision which denied her claim for a retroactive temporary promotion and backpay. The claimant occupied a GS-5 position. She contended that she performed the duties of a GS-7 position during the period from July 1972 to February 1974 and was entitled to a temporary promotion and backpay for that period. The record indicated that the position in question did not exist except for a brief period from October 1973 to January 1974. GAO and the Air Force denied the employee's claim on the basis that no GS-7 position existed to which she could have been detailed. The claimant based her appeal on the contention that the evidence showed that a de facto position was created despite management failure to officially establish a position. It has been held that an employee is only entitled to the position to which she is actually appointed, regardless of the duties performed. Also, GAO held that the employee's claim was in the nature of an appeal of her job classification and should have been appealed to her agency and the Civil Service Commission. Accordingly, the earlier decision denying the claim was sustained.