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Reconsideration for Retroactive Temporary Promotion

B-191642 Jan 23, 1980
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Highlights

An Army employee asked for reconsideration of the denial of his claim for a retroactive temporary promotion with backpay based upon a detail to a higher-graded position. The previous decision had held that if the Army determined that the employee had actually been assigned to an established, classified position at the higher grade, then he was entitled to the temporary promotion. However, if the Army determined that the duties performed resulted from an erroneous grade classification, the promotion would not be warranted. The Army concluded that the employee was not actually detailed to the higher-level position, but that he was the victim of incorrect classification. Upon appeal, the employee claimed that an agreement between the Army and his labor union justified the temporary promotion. However, since he did not furnish any additional information showing that he was detailed to the position, and he did not rebut the Army's findings, he did not meet his burden of proving the claim. Furthermore, a classification error can only be corrected by the employing agency or the Office of Personnel Management. Accordingly, the previous decision was sustained.

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