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B-189673 1 (1978-02-23)

handle is hein.gao/gaobadfsj0001 and id is 1 raw text is: D.A OritZ THU COMPTuOL LAW U#lUAAL gECUSgON .,or THE UNITED UTATEa SWASHINCTON, D.C. *054U PILtE B-189673 MATTER DIREST: I, CP DATE: xuary 23, 178 CP: Thomau Davis - Claim for Retroactive Promotion and Backpay I4 Employee of NA&& roansigned from a poeltion as warehouseman to that of boiler operator under a Merit Pro- motion Plan, with an iz1formal agreement that he would be considered for promotion to higher grade levels after 8, 18, and 30 moutha under the plan, did not acquire a vested right to be promoted at those Intervals and is not entitled to retroactive promotions due to delays in promotion actions, since the graninZg of promotioni from griade to grade is a discretionary matter primarily within the provirce of the agency involved. 2. Oecis'ons 55 Cohp. Gen. 539 (1975) and 56 Coinp. Gen. 427 (1977), concerning the protr.otion of employees an offial temporary details to higher grade posi- tiona, have no application to a claim for retroactive promotion by an employee who was not officially detailed to higher grade position. This action is in respboe to correspondence received from -.Mr. Thomas Davis, 6211 Belgrade Drive, Huntsville, Alabama, which constitates an appeal of settlement Z-2492315 dated April 27, 1977, issued by our Claima Division, disallowing his claim for retroactive promotions to higher grade ppsitions from and after November 1971, and for packpay, incident to hds employment with the National Aeronautics and Space Administration (NASA). On May 17, 1970, while eimployed at the George C. Marshall Space Flight CenLter, Huntsville. Alabama, Mr. Davis was reassigned under a Merit Proiiotion Plan from the positi&; of Warehouseman Forklift Oprator, WB'-5402-5 -step 3, to that uf Operating Engineer. Steam, Helper, WB-5402-5 .tep 3. NASA auithorities report that at the time of this reassignment, in which Mr. Drvia undertook new duties as a boiler operator, an informal agreement was made that he would be if Vt- 0 -4 I. I P I Ct,

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