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Request for Promotion and Backpay

B-198120 Sep 18, 1981
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Highlights

A Federal employee appealed the action of the GAO Claims Group which denied his claim for a retroactive temporary promotion and backpay. The employee alleged that, while serving in the position of Training Instructor (Munitions) with the Army, he was detailed to a higher grade position without prior Civil Service Commission approval. A letter from the employee's former supervisor attested to the employee's performance of higher level duties for the initial period of his claim. Accordingly, the employee was entitled to compensation for the initial period of his claim. For the subsequent period of his claim, however, the Army's administrative record and the employee's statement contained irreconcilable disputes of fact. Where such written statements so conflict, GAO has no alternative but to accept the agency's statement of facts. Since the claim for the subsequent period was doubtful due to the lack of evidence, the previous GAO decision was sustained.

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