Claim for Retroactive Temporary Promotion and Backpay

A Navy employee appealed the Claims Division settlement denying his claim for retroactive temporary promotion and backpay. The question presented was whether the employee presented sufficient evidence to document his claim that he was detailed to an officially established, higher grade. The employee claimed that he was appointed to fill the higher grade position because the project engineer was reassigned to another office. He also submitted a performance evaluation and rating recommending that he be promoted to the higher grade. On appeal, the employee submitted a memo stating that, in his opinion, he had provided sufficient evidence to substantiate his allegations of a detail. The employee did not submit any additional evidence. Instead he relied on project descriptions, project reports, and other technical project memoranda to support his claim. In view of the agency's report that the employee did not perform the duties of the higher grade, the statement from the performance evaluation and rating must read as merely implying that the employee performed some of the higher-level duties in addition to those duties normally performed by the lower grade. It was not sufficient to prove that he was temporarily detailed to the higher-level position. Furthermore, the employee's supervisor stated that the distinction between the lower grade position and the higher grade position centered around the question of supervision and control, and not around the very similar technical requirements of the two positions. He further stated that the employee's work was subject to detailed review, unlike employees at the higher grade level in the section. In view of this statement, the employee's submission of evidence indicating that he performed the same technical requirements of the higher grade was not sufficient to prove his claim. Accordingly, the claim was denied.