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B-193690 1 (1979-04-19)

handle is hein.gao/gaobadhdl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL- DECISIONil OF THE UNITED STATES W ASHINGTON D 2 AL,\ IT /Ir 4 t.7a67 -X P.& 167fr2 o FILE: B-193690 DATE: April 19, 1979 MATTER OF: Esther V. Smith DIGEST: Employee of the United States Army was assigned to position of GS-7. Upon assignment employee, in addition to her duties, began to perform the duties of File Procurement Officer. During time in question para. 2-1.d(3)(a) of AR 381-45 stated that Army Commanders could appoint as File Procurement Officers civilian employees GS-9 or above. Claim for a retroactive temporary promotion and accompanying back pay is denied as this is a question of classification which is within the sole jurisdiction of the employing agency and the Civil Service Commission and this Office lacks authority to consider propriety of classification actions. Also, there is no substantive right to backpay for periods of wrongful position classification. United States v. Testan, 424 U.S. 392 (1976). By letter of July 18, 1978, Ms. Esther V. Smith, a retired employee of the United States Army Air Defense Center and Fort Bliss,appeals a settlement issued by our Claims Division on July 12, 1978, denying her claim for a retroactive temporary promotion and accompanying back pay. In May 1971, Ms. Smith was assigned to the position of Personnel Security Specialist (Typing), GS-080-7. Ms. Smith states that she then began to perform the duties of File Procurement Officer for Directorate of Security, never relinquishing these duties until her retirement for a disability on October 15, 1975. During the time in question paragraph 2-1.d(3)(a) of AR 381-45, July 30, 1968, provided that the Commanders of Army Commands and agencies authorized to request certain investigatory dossiers would designate not less than two and not more than four officers (commissioned or warrant) or civilian employees GS-9 or above, as file procurement officers. In November 1973, a desk audit was conducted of Ms. Smith's position by Position and Pay Management, Civilian Personnel Office. This audit resulted in a rewrite of claimant's job description to include the position of File Procurement Officer. The final classification, however, did not result in an upgrading of the position. Ms. Smith contends that notwithstanding the desk audit she is entitled to a retroactive temporary promotion to grade GS-9 and accompanying back pay in light of the above Army Regulation. h

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