Claim for Retroactive Promotion and Backpay

B-195480: Nov 8, 1979

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A federal employee appealed the denial of his claim for a retroactive temporary promotion and backpay. The employee claimed he had performed higher-graded duties for a lengthy period of time and was entitled to a temporary promotion for an extended detail at a higher-level position. The Navy contended that it had denied the protester's claim because there was no documentation to substantiate his detail claim. Also, they found that the duties the protester performed during the period in question were not the full duties of the higher-level position. GAO held that there was no indication in the records that the protester was detailed to the higher-level position, but that he had only performed some higher-graded duties. It is generally held that an employee is only entitled to the salary of the position to which he is appointed, and he is not entitled to backpay for the period of any claimed wrongful classification. It was held that the protester had not proven his right to payment. Accordingly, the earlier decision was sustained, and the claim was denied.