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B-195032 1 (1979-07-25)

handle is hein.gao/gaobadhlb0001 and id is 1 raw text is: 



                       THE  COMPTROLLER GENERAL
DECISION              . OF THE   UNITED STATES
             W  S WASHINGTON, 0.C. 20548

                         L'N  IT~0


B-195032


MATTER  OF:


DATE:   July 25, 1979


Mrs. Virginia A. Rawlings - Highest
previous rate on reemployment


DIGEST:     Salary of employee, who had been paid at
            grade GS-4 prior to resignation, was set
            at GS-3, step 1 on reemployment.( The evi-
            dence presented does not establish that
            the personnel officer erred in applying
            the lower rate at the time of reemployment
            in accordance with the broad discretion
            given him ix the applicable regulations.
            Accordinglyclaim for retroactive adjust-
            ment of compensation must be denied c/' z. r

     This action is the result of an appeal from a settlement
of.our Claims Division dated October 12, 1978, which disal-
lowed the claim of Mrs. Virginia A. Rawlings. Mrs. Rawlings
ia-s4-aimin-an increase in salary retroactive to 4e-r reem-
ploymentin 1965 with the Department of the Army following a
break in service of 3-1/2 years.

     We agree with the conclusion reached by the Claims
Division for the following reasons.

     Mrs. Rawlings resigned from her position as a GS-4,
with the Department of the Army on August 18, 1961. On
January 25, 1965, she received a temporary appointment as
a GS-2, with the Internal Revenue Service. She resigned
from that position on September 16, 1965, and was reem-
ployed by the Department of the Army on September 17, 1965,
as a GS-3, step 1. Since she had been a GS-4 at the time
of her resignation      es-t-T8T-19-1, it is M Fs-.-R-aw44-ng.s2-
contention that up~n reemployment as a GS-3 she was
entitled to be placed at a higher step in the GS-3 grade.

     Tvhe Asry--anad'lTEmsDivis-o n-denied her claim on
the basis that at the time of her reemployment it was the
policy of the activity where she was employed to place
indivaiduals in the first step of the grade in which employed
eve n-4i mne f   of-s.n:tndividual who had been previously
employed at a higher rate.)


FILE:


L61- n~a


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