Claim for Retroactive Temporary Promotion and Backpay

An employee of the Department of Commerce requested reconsideration of the disallowance of his claim for a retroactive temporary promotion and backpay by the Claims Division. The employee claimed he was detailed from his original division to another division within the Department of Commerce. In the new position, the employee claimed that he performed the duties of a GS-14 position. He was a GS-12 when the change occurred and later was promoted to GS-13, apparently as a result of a reclassification of the position to which he was officially assigned, based on the duties he was performing prior to the claimed detail. After returning to his original position, the employee filed a claim requesting backpay and a retroactive temporary promotion to the GS-14 position he claimed to have filled during his temporary detail away from his usual duties. In support of this claim, the employee presented statements from former coworkers and a supervisor who supported his claim that he had performed the duties of a GS-14. The employee also submitted a chart showing himself listed as the Priorities Officer. The origin of this chart was not clear and it was dated after the detail in question had ended. The agency disputed the claim of the employee and presented evidence that the employee had not performed the duties required by the position and that most of the duties had been absorbed by other positions within the agency. A supervisor attested to the evidence as presented by the agency. In situations of this type the burden of proof rests with the employee and, in this case, the employee has not shown without any doubt that he performed the duties in question. Therefore, GAO held that the employee was not entitled to backpay or a temporary appointment. The disallowance was sustained.