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B-189002 1 (1978-02-08)

handle is hein.gao/gaobadfpi0001 and id is 1 raw text is: *4 DECISION FILE: 3-189002 MATTER OF: DIGEST: -I? The Departmvnt of the Navy, by tetter of May 3, 1977, from the Director, Offtce of Civilian Peraonnel, requests a decision as to whethcr promotiot. - may properly be delayed until the com- pletio! of a training ptagram imrmally required for advancement when,the training period is extended because it is interrupted by rilitary leave authorized y ,ecion 6323 of tiLle 5, United Staces Code, or whether that sectionk effects a waiver of established training requirements for employees ihile on military leave. The quest.fon arises because a preference eligible in the apprentice program hps challenged a -elay of approximately 2 weeks in his promrtion , resulting from his inability tr complete his training until he had returned from military leave. The Department indicales that it does o'ot interpret section 6323 as requiring such a waiver and that it follows a policy of long stsading that the primary requiremnb.t for promotion of employees in the apprenctice program, as well as the promotioT of other blue collar and white collar employees, is the successful completion of all elements of the prescribed ,training plan. Other- wise, in its view, employees might be promoted without receiving training that is essentll for satisftetory job performance at the higher level. In many inttances lack of training in a specific element could have serious consequences, such as the failure of a nuclear power plant or cf a critical aircraft or missile conponent. At the outset is should be noted that the general rule is that the granting of promotions Is a discretionary matter primarily within the province of the administrative agency and employees have no vested right to be promoted at any specific time. Modifications - V g mm THE COMPTROLLER ENmAL L'OF' TOF uME UPITio STATES WASHINCTON, 0.C. 20640 DATE: ebruary 8, 1978 Delayed Promotion - Training Interrupted by Military Leave Promotions conditioned upon the successful completion of training essential for satisfactory performance at the higher level are properly delayed until this requirement has been met even though the training period is extended by an intervening period of mtlitary leave authorized by 5 U.S.C. 6323. This provision of law does not effect a waiver of valid requirements for promotion.

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