Claim for Retroactive Temporary Promotion and Backpay

An employee of the National Center for Educational Statistics appealed the denial of his claim for retroactive promotion and backpay. The employee's claim was originally denied on the basis that the employee was not detailed to an established position classified at a higher grade. However, in his appeal, the employee claimed that he was detailed for approximately 3 years from his position as a mathematical statistician to the position of acting chief of his branch, which the employee claimed was established when the branch was formed. The record showed that, when the branch was officially formed, a branch chief position was authorized dependent upon the actual establishment and classification of that position at the GS-15 level. The position was projected at this level on the assumption that the responsibility of the branch would increase. However, it never did, and the branch chief position was never officially established. GAO held that, as is the case with any claim against the United States, the burden is on the claimant to establish the liability of the United States and the claimant's right to payment. Since cases against the Government are decided on the basis of the written record, GAO does not believe that the evidence which the claimant submitted controverts the agency's statements that the branch chief position was never established. Therefore, the claimant did not meet his burden of proving his claim, and the disallowance of the claim was sustained.