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B-194122 1 (1979-06-05)

handle is hein.gao/gaobadhgy0001 and id is 1 raw text is: DECISION FILE: B-194122 MATTER OF: Jc THE COMPTROLLER GENERAL OF THE UNITED TATE WAASHINGTON. 0. C. 20548 tN1TEV O I )ph 5 1979 DA June I I=: J 11 H. Nixon III -zRetroactive Promotion7 DIGEST: 46-1 ,66o020~ Employee of Social Security Administration was recommended for promotion with recommended date of December 21, 1975. The approving official approved the promotion but with an effective date of January 4, 1976. Employee may not be retroactively promoted to December 21, 1975, since approving official had discretion to promote at any subsequent date. Mr. Joseph H. Nixon III, an employee of the Department of Health, Education and Welfare's Social Security Administration (SSA), has appealed our Claims Division's denial of his claim for a retroactive promotion. Mr. Nixon, a Hearings and Appeals Analyst in the Bureau of Hearings and Appeals (BHA), aleges that his promotion from the GS-12 to GS-13 grade was improperly delayed for 2 weeks due to an administrative error. He filed a grievance on the matter with his agency but it was denied. The basis for Mr. Nixon's claim is that the Request for Personnel Action (SF-52) recommended his promotion with an effective date of December 21, 1975, and that all journal actions in the Personnel Office were completed on December 3, 1975, and the Executive Director of BRA initialed the SF-52 on the same date. He argues that the official vested with authority to pro- mote had approved such promotion effective on December 21, 1975. He states that the effective date was later altered or changed and that delay of his promotion until January 4, 1976, was im- proper and constituted administrative error entitling him to a retroactive promotion with backpay. It is the position of the Bureau of Hearings and Appeals, however, that the BHA Personnel Off _er was the orticial with authority to appoint Mr. Nixon to the higher grade, and not any other official in BHA. In this regard the findings and recom- mendations of the Employee Appeals Examiner who heard Mr. Nixon's grievance is relied upon by management. The grievance examiner stated:

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