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B-178909 1 (1973-08-06)

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                             O9.MPTROLLR GENiERAl. OP WK UUV STATE-S


                                   A%                                 1973




           Us So Ilavy klhips Parto
             CouOr   Center (76122)
           11a ehas~rgo Pnnnsylvauta 17055
           Door r. Vovaks

                Vurther refoaenco..le wma to your latter of V.ay 2Z4t 1973p Iith
           eacloaurea, requeating reconsideration of tho action taken by our Triws-
           Vortlton and Clatma DiVtnion on 4pril 17, 1973, i~n dipalv.ing your
           cle.ta-for an adjuntwant of oalary in coruaction withl the sattin; of your
           pey kin ropromotion to &rtdo OS.-U, aso an employee of tho N-partmnt of
           O Se Navyi

                Cou t record ndicates thnt due to a eduction in fo7'c2 you wer
           reduced to crad6 from aras GS-11# Atop 7, to Crade OS-90 stop'100 vith
             retained  ate   feciva iaceror 2, 1969    Oa February 21i 1971t you
           Vee opromted to your or    r p ,rddo  S-11, atep 7, at he rttnod rate
           of  15uo  rouer necinc   5337 ofatitle 5, Uutcd totea Cod . You ara o
           hr opinion that upon being rprooted on February 21 1971 In nttin
           your slary rare thort should hava boon tcwoen into conidraton qua    ty
           Inreann rpoctotiod by you in tho highr rad prior co your dmontiof
           You coy tha cor thLi had been done upon ein repronotod on yebrary 21
           1971 yo    auoud  from gad entGl1d to Brado 7,t-11, tep 9 (159 3), wih
           o a two-stop      fcrias o o thcc abod  forarly occupaed by you* la  re
           nwe  re o o ny t ho to yo fiter by  tau 1 or roulatiat for t   spacial
           adjttnent of yo r pay upon beinG promoted in recognition of t17 iuality
           iucreases you p-tvously received    high 1dor rde yourj thnro Yvtr pay
           Yoa upot reprmitiho to grade dS-.p was requir   d to bo nde In acto-
           1971, yuh wul roveobons ofi 5 U.Si. 533(b) which prov9des is fothlo   ih

                     1£tIo at  eploye      o prooed or transferred   o
                  rof iny bathic pay at a rate sad to film undar Lcea-
                a ton t337 o this title on reduction in Grade he    of entihtled

                          (A) b se   pay at a rate  hig rtops above  t
                     the ratt thich he would be racqiv    rtng if ace-
                tto   Aon 5337 of this titL were uot on ip;r ble to hie; or

                          (B)  his etating rate of tanic psy, I1 that
                     rate Is the higher.





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