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YOU STATE THAT YOUR REQUEST FOR FURTHER REVIEW IS CONFINED TO TWO MATTERS WHICH ARE QUOTED FROM YOUR LETTER AS FOLLOWS: "1. CIVILIAN PERSONNEL REGULATION D2.1-6C (2) WHICH STATES THAT DETAILS WILL NOT BE USED TO FILL POSITIONS THAT SHOULD BE FILLED BY A BONA FIDE PERSONNEL ACTION.) "2. WHICH IS BASED ON SECTION 1310 (D) SUPPLEMENTAL APPROPRIATIONS ACT 1952. IS THE ONLY BASIC RATE LEGALLY PAYABLE TO AN EMPLOYEE OCCUPYING THE POSITION.)" ALSO. CONCERNING THE FIRST POINT RAISED BY YOUR LETTER WE BELIEVE THAT YOU MUST CONCEDE THAT THE QUESTION OF YOUR QUALIFICATIONS TO BECOME AN INCUMBENT OF THE GRADE GS-9 POSITION DEFINITELY WAS AN ISSUE IN YOUR CASE. - WHICH PROVIDES THAT DETAILS WILL NOT BE USED TO FILL POSITIONS THAT SHOULD BE FILLED BY BONA FIDE PERSONNEL ACTIONS WHERE THERE IS NO QUESTION THAT THE EMPLOYEE IS FULLY QUALIFIED FOR THE JOB.

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B-124703, APR. 20, 1956

TO MR. HAROLD F. WHITTINGTON:

WE REFER TO YOUR RECENT LETTER REQUESTING RECONSIDERATION OF OUR DECISION OF JANUARY 24, 1956, B-124703, CONCERNING YOUR CLAIM FOR ADDITIONAL COMPENSATION INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY.

YOU STATE THAT YOUR REQUEST FOR FURTHER REVIEW IS CONFINED TO TWO MATTERS WHICH ARE QUOTED FROM YOUR LETTER AS FOLLOWS:

"1. THE LEGALITY OF DETAILING INSTEAD OF TAKING BONA FIDE PERSONNEL ACTION. (VIOLATION OF CIVILIAN PERSONNEL REGULATION P2.6-6A (1) (D) WHICH REQUIRES THAT THE RESULTS OF THE SURVEY BE PLACED IN EFFECT NO LATER THAN 30 DAYS AFTER THE DATE OF THE POSITION SURVEY; AND CIVILIAN PERSONNEL REGULATION D2.1-6C (2) WHICH STATES THAT DETAILS WILL NOT BE USED TO FILL POSITIONS THAT SHOULD BE FILLED BY A BONA FIDE PERSONNEL ACTION.)

"2. THE LEGALITY OF PAYING AS A GS-7 WHEN OCCUPYING A GS-9 POSITION. (VIOLATION OF CIVILIAN PERSONNEL REGULATION P2.1-4B, WHICH IS BASED ON SECTION 1310 (D) SUPPLEMENTAL APPROPRIATIONS ACT 1952, AND WHICH PROVIDES THAT THE GRADE OF THE POSITION HAVING BEEN DETERMINED, THE RATE OF PAY PRESCRIBED BY THE CLASSIFICATION ACT OF 1949, AS AMENDED, IS THE ONLY BASIC RATE LEGALLY PAYABLE TO AN EMPLOYEE OCCUPYING THE POSITION.)"

ALSO, YOU SUPPLY ADDITIONAL BACKGROUND INFORMATION WHICH WHILE NOT FULLY IN ACCORD WITH THAT ADMINISTRATIVELY FURNISHED AND QUOTED IN OUR DECISION OF JANUARY 24, 1956, WOULD NOT APPEAR TO MATERIALLY AFFECT THE DISPOSITION OF THE QUESTIONS HERE CONSIDERED.

CONCERNING THE FIRST POINT RAISED BY YOUR LETTER WE BELIEVE THAT YOU MUST CONCEDE THAT THE QUESTION OF YOUR QUALIFICATIONS TO BECOME AN INCUMBENT OF THE GRADE GS-9 POSITION DEFINITELY WAS AN ISSUE IN YOUR CASE. IN THE ABOVE QUOTE YOU DO NOT REFER TO THAT PART OF CIVILIAN PERSONNEL REGULATION D2.1-6C (2/--- FULLY QUOTED ON PAGE 4 OF OUR LETTER OF JANUARY 24, 1956--- WHICH PROVIDES THAT DETAILS WILL NOT BE USED TO FILL POSITIONS THAT SHOULD BE FILLED BY BONA FIDE PERSONNEL ACTIONS WHERE THERE IS NO QUESTION THAT THE EMPLOYEE IS FULLY QUALIFIED FOR THE JOB. SINCE YOUR QUALIFICATIONS WERE IN QUESTION IT MUST BE CONCLUDED THAT YOU PROPERLY WERE ON DETAIL TO THE GRADE GS-9 POSITION UNDER THE REGULATION CITED.

THE SECOND POINT OF DISAGREEMENT WITH OUR EARLIER DECISION IS BASED UPON THE ERRONEOUS ASSUMPTION THAT YOU OCCUPIED OR WERE AN INCUMBENT OF THE HIGHER GRADE POSITION. SINCE, AS POINTED OUT IN THE PRECEDING PARAGRAPH, YOU MERELY WERE ON DETAIL TO THAT POSITION YOU WOULD BE ENTITLED TO RECEIVE ONLY THE SALARY OF THE GRADE GS-7 POSITION FROM WHICH YOU WERE DETAILED.

IN THE LIGHT OF THE FOREGOING, WE MUST CONCLUDE THAT OUR EARLIER DECISION DISALLOWING YOUR CLAIM IS CORRECT.

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