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B-189378 1 (1977-12-06)

handle is hein.gao/gaobadfjc0001 and id is 1 raw text is: cu WII 0I~N FILE: 5-169318 MATTER OF: DIGEOT: This action is in response to a letter dated June 2, 1977-, from Mrs. Mildred Gross requeiing'etonsideration-of our Claims Division Settlement Cartificate, Z-2558519. dated February 11, 1976, disallowing her claim for backpay for 4he period October 4, 1971, toJune 30, 1972, whileshe was employed in a temporary position as a clerk-ypiat'with the Department Bi the Army, Fo:t Hamilton, New York. Mrs. Gross states that her claim is based, inter alia, on discrimination in employment and hiring practices, and equal rights in employment. She contends that this issue was not resolved in the di3allowance of her claim, and she requests a hearing in order to substaatiate her claim of discriminatory employment practices. Before dealing with Mrs. Gross' claim, we must point out the manner in which claims are decided by tis Office. We do not hold hearings. We decide ciaims based upon the written record that is before us. It, is incumbent upon a claimant to supply full sub- stantiation of his or her claim. If there is a factual disy'te in the record that c.nnot be resolved witri't an adversary hearing, ie resolve such disputes in favor of the Government. B-186760, June 3, 1977. V.- I 1in L I -ii I , N THE COMPTPOLLR cE OP THE UNITED STATES WA HINaTON. D.C. *054U DATE: December 6, 19 Ndlared Gross - High'st Previous Rate 1. Employe.'s claim for retroactive salary increase based on highest previous rate is disallowed Jince, the decision to hire employee at her highest previous rate is discretionary with'hiring agency. Here agency had not relinquished that discre- tion through adoption of mandatory policy or administrative regulation at time employee was hired. 2. Employee alleged discrimination in agincy's application of hfghest previous rate rule. If she belh ved that there had been dis- crimination-on basis of race, colar, reli ion, sex, or natLonal origin, she should have pursued remedy thrrugh agency's Equal Employ- ment Opportunity Office under 5 C.F.R. Part 713 (1977). I I

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