Claim for Retroactive Temporary Promotion and Backpay

A civilian Navy employee requested reconsideration of his claim for retroactive temporary promotion and backpay. The employee's claim was in connection with an alleged overlong detail to a higher-grade position. Specifically, the employee contended that he was detailed for 117 days to perform the work of a higher-grade position and that, 5 months later, he was again detailed for 69 days to perform the same type of work. The Claims Group rejected the claim on the basis that neither of the two separate details was in excess of 120 days. In his request for reconsideration, the employee contended that the agency's failure to use competitive promotional procedures after the 60th day of each of his separate details was a violation of a nondiscretionary agency regulation, constituting an unwarranted personnel action, which is remediable by the award of retroactive temporary promotion and backpay. GAO held that applicable regulations require that competitive promotional procedures be used for specific details exceeding 60 days and that the regulations do not contain any provision creating additional entitlements since the regulations are designed to protect employees by maintaining the integrity of the competitive system. Accordingly, the prior denial of the employee's claim was sustained.