B-199845.OM, AUG 24, 1981

B-199845.OM: Aug 24, 1981

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AFMD - CLAIMS GROUP (RM. 5858): RETURNED HEREWITH IS YOUR FILE. HOWARD ON APPEAL WE HAVE GRANTED. HOWARD'S CLAIM BECAUSE OF HIS FAILURE TO PROVIDE SUFFICIENT EVIDENCE TO SHOW THAT HE WAS DETAILED TO A HIGHER-GRADED POSITION. HOWARD WAS OFFICIALLY ASSIGNED TO THE POSITION OF ELECTRONICS MECHANIC. HE WAS NEVERTHELESS DETAILED TO THE POSITION OF ELECTRONICS MECHANIC. WHEN HE WAS OFFICIALLY DETAILED TO THE WG-10 POSITION. HOWARD WAS APPARENTLY INFORMALLY DETAILED TO THE HIGHER-GRADED POSITION AS IS SHOWN BY THE ADMINISTRATIVE REPORT AND STATEMENTS SUBMITTED BY HIS SUPERVISORS. OR INDUCEMENT BY THOSE OFFICIALS WILL ORDINARILY SUFFICE TO DEMONSTRATE THAT HE WAS INFORMALLY DETAILED. HOWARD IS ENTITLED TO A RETROACTIVE TEMPORARY PROMOTION WITH BACK PAY FROM THE 121ST DAY AFTER JANUARY 3.

B-199845.OM, AUG 24, 1981

SUBJECT: DAVID L. HOWARD - DETAIL TO HIGHER-GRADE POSITION, B-199845-O.M.:

ASSOCIATE DIRECTOR, AFMD - CLAIMS GROUP (RM. 5858):

RETURNED HEREWITH IS YOUR FILE, Z-2702032. UPON CONSIDERATION OF THE EVIDENCE SUBMITTED BY MR. HOWARD ON APPEAL WE HAVE GRANTED, IN PART, HIS CLAIM FOR RETROACTIVE TEMPORARY PROMOTION WITH BACK PAY.

YOUR ACTION OF FEBRUARY 1, 1980, DENIED MR. HOWARD'S CLAIM BECAUSE OF HIS FAILURE TO PROVIDE SUFFICIENT EVIDENCE TO SHOW THAT HE WAS DETAILED TO A HIGHER-GRADED POSITION. OUR REVIEW OF THE RECORD, HOWEVER, REVEALS THE FOLLOWING.

THE OFFICIAL ADMINISTRATIVE REPORT ON THIS CASE SHOWS THAT ALTHOUGH MR. HOWARD WAS OFFICIALLY ASSIGNED TO THE POSITION OF ELECTRONICS MECHANIC, WG -08, HE WAS NEVERTHELESS DETAILED TO THE POSITION OF ELECTRONICS MECHANIC, WG-10 ON JANUARY 3, 1974. EXCEPT FOR THE PERIOD FROM FEBRUARY 9, 1975, TO APRIL 9, 1975, WHEN HE WAS OFFICIALLY DETAILED TO THE WG-10 POSITION, MR. HOWARD WAS APPARENTLY INFORMALLY DETAILED TO THE HIGHER-GRADED POSITION AS IS SHOWN BY THE ADMINISTRATIVE REPORT AND STATEMENTS SUBMITTED BY HIS SUPERVISORS.

THE RECORD ALSO REVEALS THAT THE DEPARTMENT OF THE AIR FORCE TEMPORARILY PROMOTED MR. HOWARD FOR THE PERIOD FROM DECEMBER 4, 1975, TO DECEMBER 4, 1976, THUS, CONCEDING HIS CLAIM FOR AT LEAST THAT PERIOD, AND THAT AFTER DECEMBER 4, 1976, HIS SUPERVISOR ASSIGNED HIM OTHER DUTIES.

ALTHOUGH THE ASSIGNMENT OF AN EMPLOYEE TO A PARTICULAR HIGHER-GRADED POSITION NEED NOT BE FORMALLY DOCUMENTED IN ORDER TO RECOVER UNDER TURNER- CALDWELL, 55 COMP.GEN. 539 (1975), AFFIRMED, 56 COMP.GEN. 427 (1977), THERE MUST BE OFFICIAL RECOGNITION OF HIS ASSIGNMENT TO AND PERFORMANCE OF THE HIGHER-GRADED DUTIES. SUCH RECOGNITION MAY BE ESTABLISHED BY THE STATEMENTS OF THE EMPLOYEE'S SUPERVISORS OR OTHER MANAGEMENT OFFICIALS INDICATING THAT TO THEIR KNOWLEDGE HE PERFORMED THE DUTIES OF THE HIGHER- GRADED POSITION. ACQUIESCENCE IN HIS PERFORMANCE OF THOSE DUTIES, OR INDUCEMENT BY THOSE OFFICIALS WILL ORDINARILY SUFFICE TO DEMONSTRATE THAT HE WAS INFORMALLY DETAILED. DALE W. WEAVER, B-198759, FEBRUARY 10, 1981; WILLIAM A. BELVIN, B-195557, JANUARY 8, 1980.

IN LIGHT OF THE ABOVE EVIDENCE, WE HOLD THAT MR. HOWARD IS ENTITLED TO A RETROACTIVE TEMPORARY PROMOTION WITH BACK PAY FROM THE 121ST DAY AFTER JANUARY 3, 1974, UNTIL DECEMBER 3, 1975, THE DAY BEFORE HE RECEIVED HIS TEMPORARY PROMOTION. ACCORDINGLY, PLEASE INITIATE THE PROPER PROCEDURES SO THAT HE MAY BE COMPENSATED AT THE WG-10 LEVEL FOR THAT PERIOD. LETTER DATED TODAY, B-199845 (COPY ENCLOSED), WE HAVE ADVISED MR. HOWARD OF OUR DETERMINATION.