B-195576,(VBG) O.M. (A), JUN 16, 1980

B-195576,(VBG) O.M. (A), JUN 16, 1980

PRECIS-UNAVAILABLE

SAM NUNN, UNITED STATES SENATE:

THIS REFERS TO YOUR LETTER OF SEPTEMBER 25, 1979, CONCERNING THE CLAIM OF MS. MABEL J. MARLOWE, 205 MASHBURN STREET, HAWKINSVILLE, GEORGIA, 31036, FOR A RETROACTIVE TEMPORARY PROMOTION.

MS. MARLOWE, A GS-4 EMPLOYEE, WAS DETAILED TO A GS-1152-09, PRODUCTION CONTROLLER POSITION FROM DECEMBER 11, 1971, THROUGH FEBRUARY 28, 1973. SHE CLAIMED A RETROACTIVE TEMPORARY PROMOTION BASED ON OUR DECISIONS WHICH STATE THAT AN EMPLOYEE IMPROPERLY DETAILED TO A HIGHER LEVEL POSITION FOR MORE THAN 120 DAYS WITHOUT CIVIL SERVICE COMMISSION (NOW OFFICE OF PERSONNEL MANAGEMENT) APPROVAL MAY RECEIVE A RETROACTIVE TEMPORARY PROMOTION FOR SUCH DETAIL. TURNER-CALDWELL, 55 COMP.GEN. 539 (1975); MARIE GRANT, 55 ID. 785 (1976).

HOWEVER, AN EMPLOYEE IMPROPERLY DETAILED TO A HIGHER-LEVEL POSITION MAY NOT RECEIVE A RETROACTIVE TEMPORARY PROMOTION TO THAT POSITION IF HE DOES NOT MEET THE QUALIFICATION REQUIREMENTS OF THE CIVIL SERVICE COMMISSION FOR PROMOTION TO THAT POSITION. THE RECORD SHOWS THAT MS. MARLOWE DID NOT HAVE THE NECESSARY QUALIFICATIONS TO BE PROMOTED TO A GS-1152-09 POSITION. THEREFORE, SHE MAY NOT RECEIVE A RETROACTIVE TEMPORARY PROMOTION TO THAT POSITION. SEE EVELYN M. TAYLOR, B-195296, JANUARY 9, 1980; HERBERT T. FENTON, B-194896, DECEMBER 11, 1979; PATRICK L. PETERS, B-189663, NOVEMBER 23, 1977; CHARLES E. REARDON, JR., B-194694, NOVEMBER 23, 1979; AND MARK A. SCHAAF, B-195648, DECEMBER 13, 1979, COPIES ENCLOSED. SINCE, HOWEVER, MS. MARLOWE IS QUALIFIED FOR A GS-1152-05, PRODUCTION CONTROLLER POSITION SHE IS ENTITLED TO A RETROACTIVE TEMPORARY PROMOTION TO THAT POSITION FOR THE APPLICABLE PERIOD. ROBERT RANN, B-191768, OCTOBER 2, 1978.

ACCORDINGLY, MS. MARLOWE'S CLAIM WILL BE ALLOWED FROM APRIL 9, 1972, TO FEBRUARY 28, 1973, IF OTHERWISE PROPER AND SETTLEMENT WILL BE MADE IN DUE COURSE.