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B-194739 1 (1980-06-27)

handle is hein.gao/gaobadijg0001 and id is 1 raw text is: 



                             THE  COMPTROLLER GENERAL
DECISION                     OF   THE UNITED STATES
                             W ASHINGTON,  0. C. 20548


FILE:   B-194739


CATE:    June 27, 196O


MATTER OF: Gordon E. Browning


DIGEST:


Matters relating to a allegation of improper
determination of the qalifications for compen-
sation of th  teaching position of an employee
of the Department of Defense Overseas Depend-
ents' Schools are for the employing agency, not
GAO, and GAO has no authority to change the
agency's determination. Therefore, an employee's
claim for additional pay based on work experience
which the agency found not qualifying may not be
allowed.


     Dr. Gordon E. Browning requests reconsideration of our Claims
Division's February 5, 1979 denial of his claim for loss of salary
due to retroactive correction of the determination of his pay
schedule based upon teaching experience from Class III step 8 to
Class III step 6. Since this Office has no authority to settle
claims of this type on any basis other than the determination of
qualifications for compensation established by the agency regula-
tions, we affirm the denial of his claim.

     Dr. Browning was employed by the Department of Defense
Dependents Schools, Europe, as a School Psychologist, Class III,
on March 2, 1976. He was informed his pay would be based upon
his qualifying experience. On December 15, 1976, he was advised
that his pay set at Class III step 8 was in error, that the
correct rate should have been at Class III step 6, and that he was
not eligible for a step increase at the beginning of the school
year 1976-77. Thereafter, he filed a grievance with the Department
of the Army (which administers the Dependents' Schools in Europe)
on the pay schedule determination and step increase actions. The
grievance was considered and denied.

     By letter dated April 3, 1978, Dr. Browning submitted a
claim for loss of salary on the same basis upon which he had
filed the grievance. That is, he contended in essence that
certain Job Corps experience he had should have been credited
as experience for pay fixing purposes in his position with the
Dependents' Schools. The claim was denied by our Claims

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