Claim for Retroactive Temporary Promotion and Backpay

B-196652: Jan 11, 1980

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Several Air National Guard members requested reconsideration of their claims for retroactive promotions and backpay which were denied by the GAO Claims Division. The Aircraft Mechanic, WG-10 employees were detailed to Aircraft Mechanic (Crew Chief), WG-12 without prior Civil Service Commission approval for an extended period in excess of 120 days. The claimants contended that provisions of the National Guard Bureau's Technician Personnel Manual (TPM) expands the authority of provisions in the Federal Personal Manual (FPM) to include their positions under hourly wage plans of the FPM. They argued that their claims should have been considered on their merits by the Claims Division. GAO concurred. In the reconsideration, it was held that the TPM provisions extended the coverage of the FPM National Guard technicians and, therefore, each claim should be evaluated and adjusted on a case-by-case basis.