Appeal of Claim for Retroactive Temporary Promotion and Backpay

A Federal employee appealed the Claims Group's denial of his claim for a retroactive temporary promotion and backpay. The administrative record showed that, on June 10, 1973, the employee, who was in an acting supervisory position, was transferred from the Food and Drug Administration to the Consumer Product Safety Commission (CPSC). The employee continued to perform the same supervisory duties with CPSC until February 1, 1974. CPSC denied the employee's claim for retroactive temporary promotion and backpay contending that the position to which the employee had been detailed was not officially established until October 11, 1973. The Claims Group denied the employee's claim on the basis that an employee is entitled to a retroactive temporary duty promotion and backpay only if he has been detailed to an established higher grade position for more than 120 days. GAO determined that the employee's appeal letter contained no additional information upon which to reconsider the previous settlement. Accordingly, the appeal was denied, and the Claims Group settlement was sustained.