Claim for Retroactive Temporary Promotion and Backpay

A government employee appealed a decision by the Claims Division denying him a retroactive temporary promotion and backpay for the period August 30, 1970, to August 26, 1976. The claimant alleged that, while occupying a GS-13 position, he performed the duties of a GS-15 position. All claims of this nature are considered on the basis of the written record, and the burden of proof is on the claimant to establish the liability of the United States and the claimant's right to payment. The record showed that the claimant had performed the duties to which he was assigned in an exemplary manner, but not that he had regularly performed the duties of a higher-grade position. Occasional performance of the duties of a higher-level position generally does not entitle an employee to the higher salary unless or until he is appointed to that position or the position he holds is reclassified. Accordingly, the Claims Division determination was sustained.