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B-204428 1 (1981-10-05)

handle is hein.gao/gaobacuyl0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OP GENERAL COUNSEL In reply refer to October 5, 1981 B-204428 Colonel John C. Lynch, USAF Chief, Washington Area Contracting Center (MAC) Department of the Air Force Andrews Air Force Base, D.C. 20331 Dear Colonel Lynch: Your letter of August 13, 1981, requests our determina- tion on whether the Headquarters Military Airlift Command makes the final decision on the overall performance rating of an individual, and whether it has the prerogative to change an individual's rating. The issue stems from three General Manager Performance Appraisals on GS-13's which you submitted. Subsequently, you were told that the Director of Logistics at Headquarters felt that two of the appraisals were too high and needed to be changed. You explained that employees should be appraised according to the individual job performance elements and not on the basis of others within the Command. However, you were told that Headquarters had placed all the logistics people in the Command on a bell curve and the appraisals needed to be changed to correlate with the curve. In light of these circumstances you question Headquarters' authority over performance appraisals. The jurisdiction of the General Accounting Office is essentially limited to the settlement of monetary claims made by or against the United States, and to the audit and evaluation of governmental programs. We do not comment on individual complaints concerning personnel actions unless a monetary claim is involved. Therefore, a Comptroller General's decision will not be rendered on your request, but the following information should be helpful to you. Generally, title 5 of the United States Code, and implementing regulations, provide that employees are entitled to contest adverse personnel actions and to file administra- tive appeals with the Office of Personnel Management in the event the employing agency denies relief. In particular, see 5 U.S.C. S 4304 which gives the Office of Personnel Management

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