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B-189678 1 (1977-12-20)

handle is hein.gao/gaobadfjq0001 and id is 1 raw text is: S 49L0 L8A 4 frr 7:, DECISIOi FILE: B-169678 THE COMPTROLLER GENERAL OPTHE UNI TEC UTATES WAUHINGTON. D.C. 20549 DATE: Deamber 20, 197{ 0\ I MATTER OF:Maureen Barry - Compenation - Retroactive Promotion DIGEST: Agency improperly evaluated employie's Frior experience thereby causing delay in employee's promotion. Employee is not entitled to retroactive promotion. The error did not prevent a personnel action from taking effect as originally Intended. Nor was the employee deprived of a right granted by statute or regula- tion and no nondiscre;ionary agency regulation or policy was violated. This decision responds to a request from Mr. George C. Putnam, Assistant Regional Director, Administration and Management, Department of r'ealth, Education, and Welfare (HEW) Region III, concerning the entitlement of Ms. Maureen Barry to retroactive pro- motion and baLkpay. Ms. Barry is an employee in the Social Security Administra- tion's District Office in Norfolk, Virginia. Oa May 14, 1976, the District Manager of the Norfolk office submitted a request for Ms. Barry's promotion from Claims Representative, GS-5 to GS-7, to be effective June 6, 1976. The Regional Personnel Office in Phila- delphia disallowed the promotion oi the basis that Ms. Barry did not have the one year of specialized experience at the GS-3 level which is a prerequisite for promotion to the GS-7 level of that position. The District Manager resubmitted the promotion request after a discussion with the Personnel Officer during which he pointed out that Ms. Earry had met the specialized work experience requirement through a job she had held in private industry from August, 1972 to October, 1974. The Personnel Officer rejected the second request, statirg that, although she had overlooked that experience, her wagea at that time equated to wages at GS-3 level in Federal service and cannot be considered as qualifying at the GS-5 level for promotion to GS-7. On July 23, 1976, the District Manager wrote to the Personnel Officer and included copies of Ms. Barry's application for employ- ment which apparently described her prior job experience. He con- tested the basis of the Personnel Officer's decision and requested a V t I 7 j

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