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B-193391 1 (1978-12-27)

handle is hein.gao/gaobadgtv0001 and id is 1 raw text is: 




DECISION





FILE:  B-193391


            THE   COMPTROLLER GENERAL
.         .OF THE UNITED STATES
            WASH INGTON, O.C. 20548


DATE:  December 27, 197:8


    MATTER OF: George Ziecina - Retroactive Promotion

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Where, because of the press of other work,
an employee's supervisor, fails td submit
the employee's promotion recommendation for
a career-ladder promotion, in time to permit
the employee's promotion on the earliest
eligibility date, the promotion may not be
made retroactive to that date, absent a non-
discretionary agency policy, regulation, or
collective-bargaining agreement provision
requiring that career-ladder promotions be
so effective.


     This decision is in response to a request for reconsideration,
submitted on behalf of Mr. George Ziecina, of our Claims Division
Settlement Certificate Z-2787990, August 22, 1978, which denied
Mr. Ziecina's claim for retroactive readjustment of his promotion
date.

     Mr. Ziecina was employed as a grade GS-5 Claims Representative
Trainee, a career-ladder position, in the Ambridge, Pennsylvania
District Office of the Social Security Administration. He was
eligible in all respects for promotion to grade GS-7 of his career
ladder, on September 11, 1977. His supervisor, the District
Manager failed to submit the Request for Personnel Action (SF 52)
until September 23, 1977. Thus, Mr. Ziecina's promotion to grade
GS-7 was not effective until September 25, 1977, 2 weeks after
his minimum eligibility date. The only explanation offered by
the District Manager for his failure to submit the promotion
recommendation earlier was that he was involved in so many other
activities that he was unable to properly oversee the functions
of the office.

     Mr. Ziecina submitted a claim for a retroactive adjustment
of his promotion date to the earliest possible eligibility date,
September 11, 1977. He states that he had met all eligibility
requirements, that he had been assured that his promotion would
be processed on time, and that the error here is an administrative
error within the meaning of the applicable Comptroller General's
decisions authorizing retroactive promotion.


DIGEST:

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