Claim for Retroactive Temporary Promotion and Backpay

B-195476: Nov 9, 1979

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A civilian employee of the Air Force appealed the denial of her claim for retroactive temporary promotion and backpay. The record showed that the employee performed duties as the Acting Supervisor of the Outpatient Clinic of an Air Force hospital, that those duties were assigned to a military position for which qualified military personnel were not available, and that there was no other established civilian position identical or similar to the Outpatient Clinic Supervisor position. No statutory authority exists which would allow a civil service employee temporarily assigned to perform the duties of a military position to be promoted into that military position. Thus, employees temporarily assigned to higher graded military positions may not be given retroactive temporary promotions to the equivalent civilian grade. Therefore, the denial of the claim was sustained.