B-194369, AUG 24, 1979
Highlights
FINDS THAT HE DID NOT PERFORM THE FULL RANGE OF DUTIES OF THE POSITION TO WHICH HE WAS ALLEGEDLY DETAILED. THE EMPLOYEE HAS NOT MET HIS BURDEN OF PROOF AND HIS CLAIM IS DISALLOWED. DEGRAW HAS APPEALED THE DETERMINATION THAT HE IS NOT ENTITLED TO RECEIVE A RETROACTIVE TEMPORARY PROMOTION WITH BACK PAY FOR AN EXTENDED DETAIL. WAS EMPLOYED IN SHOP 38 AT MARE ISLAND NAVAL SHIPYARD. HE ALLEGES THAT HE WAS DETAILED TO THE POSITION OF PRODUCTION SHOP PLANNER. AT WHICH TIME HE WAS TEMPORARILY. DEGRAW HAS NOT SUBMITTED DOCUMENTATION TO SUPPORT HIS CLAIM THAT HE WAS IN FACT DETAILED TO THE HIGHER GRADE POSITION. WE HAVE REVIEWED THE MATERIALS SUBMITTED BY MR. CLAIMS ARE DECIDED ON THE WRITTEN RECORD BEFORE US AND THE BURDEN IS ON THE CLAIMANT TO PROVE ALL OF THE ELEMENTS OF HIS CLAIM.
B-194369, AUG 24, 1979
DIGEST: WHERE AN EMPLOYEE SUBMITS ONLY STATEMENTS FROM FOREMEN ON HIS SHIFT IN SUPPORT OF HIS CLAIM FOR BACK PAY FOR AN EXTENDED DETAIL, AND THE AGENCY, IN DENYING THE CLAIM, FINDS THAT HE DID NOT PERFORM THE FULL RANGE OF DUTIES OF THE POSITION TO WHICH HE WAS ALLEGEDLY DETAILED, THE EMPLOYEE HAS NOT MET HIS BURDEN OF PROOF AND HIS CLAIM IS DISALLOWED.
WILLIAM L. DEGRAW - BACK PAY-EXTENDED DETAIL:
MR. WILLIAM L. DEGRAW HAS APPEALED THE DETERMINATION THAT HE IS NOT ENTITLED TO RECEIVE A RETROACTIVE TEMPORARY PROMOTION WITH BACK PAY FOR AN EXTENDED DETAIL. FOR THE REASONS SET FORTH BELOW, WE SUSTAIN THE DISALLOWANCE OF HIS CLAIM BY OUR CLAIMS DIVISION.
MR. WILLIAM L. DEGRAW, A MARINE MECHANIC, WAS EMPLOYED IN SHOP 38 AT MARE ISLAND NAVAL SHIPYARD, VALLEJO, CALIFORNIA. HE ALLEGES THAT HE WAS DETAILED TO THE POSITION OF PRODUCTION SHOP PLANNER, WD-6 FROM OCTOBER 1, 1972, TO JANUARY 21, 1975, AT WHICH TIME HE WAS TEMPORARILY, THEN PERMANENTLY PROMOTED TO THE POSITION OF ASSISTANT SHOP PRODUCTION PLANNER.
MR. DEGRAW HAS NOT SUBMITTED DOCUMENTATION TO SUPPORT HIS CLAIM THAT HE WAS IN FACT DETAILED TO THE HIGHER GRADE POSITION. HE HAS SUBMITTED STATEMENTS FROM FOREMEN ON HIS SHIFT THAT HE FUNCTIONED AS PRODUCTION SHOP PLANNER DURING THE RELEVANT PERIOD. IN DENYING HIS CLAIM, THE SHIPYARD STATED THAT HE HAD NOT PERFORMED THE FULL RANGE OF DUTIES OF THE POSITION AND THAT HIS DETAIL HAD NOT BEEN VERIFIED BY AN AGENCY OFFICIAL. OUR CLAIMS DIVISION, IN SETTLEMENT DATED DECEMBER 20, 1978, DISALLOWED THE CLAIM FOR THE SAME REASONS.
WE HAVE REVIEWED THE MATERIALS SUBMITTED BY MR. DEGRAW AND FIND THEM INSUFFICIENT TO SUPPORT HIS CLAIM. UNDER OUR REGULATIONS 4 C.F.R. PARTS 31 AND 32 (1978), CLAIMS ARE DECIDED ON THE WRITTEN RECORD BEFORE US AND THE BURDEN IS ON THE CLAIMANT TO PROVE ALL OF THE ELEMENTS OF HIS CLAIM. MATTER OF NATHAN LESOWITZ, B-185766, JUNE 15, 1977, AND MATTER OF JOHN R. FIGARD, B-181700, JANUARY 18, 1978.
IT APPEARS FROM THE RECORD THAT MR. DEGRAW PERFORMED MANY OF THE DUTIES OF A SHOP PLANNER OR ASSISTANT SHOP PLANNER. HOWEVER, THE RECORD BEFORE US DOES NOT CONTROVERT THE AGENCY'S STATEMENT THAT HE DID NOT PERFORM THE FULL RANGE OF DUTIES OF THAT POSITION. THE FACT THAT AN EMPLOYEE MAY PERFORM SOME, BUT NOT ALL OF THE DUTIES OF A HIGHER GRADED POSITION IS NOT SUFFICIENT TO JUSTIFY BACK PAY FOR AN EXTENDED DETAIL. MATTER OF PATRICK J. FLEMING, B-191413, SEPTEMBER 19, 1978.
SINCE MR. DEGRAW HAS NOT SUPPLIED SUFFICIENT DOCUMENTATION TO DEMONSTRATE THAT HE WAS DETAILED TO A HIGHER-GRADED POSITION, THE DISALLOWANCE OF HIS CLAIM BY OUR CLAIMS DIVISION IS SUSTAINED.