Claim for Retroactive Temporary Promotion and Backpay

B-194745: Apr 8, 1980

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Shirley Jones
(202) 512-8156


Office of Public Affairs
(202) 512-4800

Reconsideration was requested of a claim for retroactive temporary promotion and backpay which was disallowed. An employee of the Federal Aviation Administration contended that he was detailed to a GS-14 position for a full year. In support of his contention, the claimant provided a statement which presented the names of six persons who could attest to this detail. With any claim against the United States, the burden is on the claimant to establish the liability of the United States and the claimant's right to payment. Acceptable proof includes official personnel documentation or official memoranda, a decision under established grievance procedures, or a written statement from the person who supervised the employee during the period in question or other management official familiar with the work. The evidence in this case was not sufficient to establish that the claimant did in fact perform the duties of the higher-grade position to meet the burden of proof. Accordingly, the previous settlement denying the claim for additional compensation for performing higher-level duties was sustained.