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B-195229 1 (1979-09-14)

handle is hein.gao/gaobadhpl0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL DECISION. .POF THE UNITEO STATES WASHINGTON. D. C. 20548 UIN I~ FILE: B-195229 DATE: September 14, 1979 MATTER OF: Ivey N. Brown -Eaim for Retroactive Promotion and Backpay DIGEST: Employee alleges that upon appointment to GS-12 position he was told that he would be promoted to GS-13 when he satisfied Whitten Rider, that he performed duties of GS-13, but that he was not promoted because of agency high grade freeze. His claim for retroactive promotion with backpay is denied since record fails to indicate detail to higher grade position. Also, unless there is mandatory agency policy stating otherwise, career- ladder promotion is discretionary with agency. This action is in response to the appeal by Mr. Ivey N. Brown of our Claims Division settlement dated January 4, 1979, denying his claim for-a retroactive temporary promotion and backpay. For the reasons stated below we sustain the settlement. Mr. Brown was employed by the Naval uytems Coand as a Program Analyst, grade GS-12, and he claims that he accepted the position with the understanding that after satisfying the Whitten Rider promotion to GS-13 level would be the normal course. On September 1, 1975, Mr. Brown had completed his one year in grade requirement but was not promoted to the GS-13 level because an agency high grade freeze was in effect. In November 1976 Mr. Brown was promoted to the GS-13 grade level. Mr. Brown claims that he is en- titled to a temporary retroactive promotion because he performed the duties of a GS-13 from September 1, 1975,through November 7, 1976. The agency and our Claims Division denied Mr. Brown's claim on the grounds that Mr. Brown was not detailed to another position classi- fied at a higher grade. In his appeal Mr. .Brown states that he does not base his claim on any statutory or regulatory requirement or that he was detailed to another position at a higher grade. Mr. Brown bases his claim on his belief that at the time of recruitment into the Government, the Government and he entered into a good faith agreement that he would be promoted to a GS-13 position after a year and that the Government failed to honor that commitment because of a high grade freeze.

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