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B-181238 1 (1976-12-21)

handle is hein.gao/gaobadeai0001 and id is 1 raw text is: 




                            Susan Serling
                         .LICiv.Pers.

        THE  COMPTROLLER CENtRAL
.~O' TH.apVE UNITED eTATIER
       SWASHINGTON, D. C. 20.54E4
L~iI


B-181238


DATE:   .cember 21, 1Ln6


Ib lATTER OF:    Jacque Swain - Retroactive promotion -
                 Administrative error - Reconsideration

 DIGEST:      Although supervisor believed his execution
             of so-called 10-month report during em-
             ployee's ptobationary period and r :eparation
             of favorable performance rating % ---. all
             that was necessary to initate promotion of
             employee  at earliest possible time, rfro-
             active promotion may not be authorized
             since he made no positive recommendation
             for promotion nor were other steps taken
             as required by agency policy prior to
             promotion and there was no administrative
             error justifying exception to rule against
             retroactive promotion. Upon reconsid-
             eration, decision is affirmed.

    This action responds to a. request for reconsideration of decision
B-181238  dated November 15, 1974. That decision held that there
was no administrative error indicated in the record then before us
which would permit the Department of the Treasury to retroactively
adjust Jacque Swatin's promotifon with pay. The digest of the decision
of November  15, 1976, reads as follows:

    Althoigh supervisor believed that his execution
    of so-called 10-month report duriig employee's
    probationary period and preparation of favorable
    performance rating was all that was necessary
    to initiate promotion of the employee at the
    earliest possible time, retroactive promotion
    may not be authorized since he made no positive
    recommendation for promotion as required by
    agency policy and there was no administrative
    error justifying exception to rule against
    retroactive promotion.

The facts are fully set forth In the decision of November 15, 1974,
and neeC not be repeated except as pertincnt to the present discussion
of the case. Hayward Reed. Assistant Counsel, National Treasury
Employees  Union, in requesting reconsideration on behalf of
Ms. Swain, states that the ruling in the decision of November 15,
1974, is based ori-the general proposition that where, due to a
cierical, or administrative error, a personnel action was not effected


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