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Claim for Retroactive Temporary Promotion and Backpay

B-198392 Nov 28, 1980
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Highlights

A Federal employee appealed a GAO Claims Division disallowance of his claim for a retroactive temporary promotion and backpay. A portion of the claim is barred by statutory limitations. The employee claimed a retroactive temporary promotion and backpay on the basis that he performed the duties of a GS-12 engineer position while appointed to a GS-11 engineer position. In support of his claim, the employee provided: (1) a career appraisal which included the statement that he had demonstrated his ability to perform at the GS-12 level and recommended his promotion to that level; (2) a career appraisal form which stated that he worked as the project engineer on a nuclear projectile system, a position normally filled by a GS-12 engineer; (3) the statements of a coworker and supervisor which indicated that he performed the duties of a GS-12 engineer; and (4) temporary promotions to a GS-12 engineer position at various times. His claim was denied by his agency and by the Claims Division on the basis that: (1) he did not show that he had performed the duties of a GS-12 position outside the periods of his temporary promotions; (2) his supervisor did not support his claim that he performed higher grade duties beyond the time of his temporary promotions; and (3) a desk audit found the employee to be performing at the GS-11 level. GAO has held that, where an employee is detailed to a higher grade position and the agency fails to seek approval to extend the detail beyond 120 days, the agency must award the employee a retroactive temporary promotion and backpay for the period of the detail which exceeds 120 days. The statement referred to by the claimant is that of a coworker who only supervised the claimant during a 1-year period. The claimant's supervisor for the entire period of the claim did not support the claimant's contention that he performed the duties of a GS-12 position. Therefore, GAO concluded that the claimant had not met the burden of proof of his right to payment. The Claims Division's denial of the employee's claim for a retroactive promotion and backpay was sustained.

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