Claim for Retroactive Temporary Promotion With Backpay

An individual requested reconsideration of his claim for retroactive temporary promotion with backpay which was disallowed by the Claims Group. The claimant, a GS-12 employee of the Navy, claimed a retroactive temporary promotion with backpay due to an overlong detail to a GS-13 position. The Claims Group disallowed his claim, because the claimant did not perform the full range of duties of the higher graded position and because his detail did not exceed the 240-day limit established under applicable regulations. The claimant appealed the settlement and asserted that he performed 92 percent of the duties of the higher graded position while his detail lasted 450 days. The Court of Claims ruled that employees do not have entitlement under applicable statutes or the Federal Personnel Manual to temporary promotions for overlong details. GAO stated that it will follow the recent Court of Claims decision with respect to pending or future cases. Accordingly, the claim was denied.