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B-195259 1 (1979-10-29)

handle is hein.gao/gaobadhrt0001 and id is 1 raw text is: DECISION FILE: B-195259 MATTER OF: DIGEST: oE THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. O.C. 2054e UNITE DATE: October 29, 1979 David R. Homan - Claim for Backpajy Individual hired by the Army after determination by Civil Service Commission that he had been improperly denied consideration for competitive civil service position is not entitled to backpay for the period prior to his actual appointment. The individual did not have a vested right to the appointment and since the Army retained ad- ministrative discretion with respect to filling the position until it exercised that discretion by appointing him effective January 4, 1978, he is not entitled to backpay for the period prior to his appointment. This decision is in response to a request from Mr. David R. Homan for reconsideration of our Claims Division's settlement of March 16, 1979, by which his claim for backpay based on delays in effecting his appointment to a position with the Department of the Army was denied. Although the Civil Service Commission found that administrative errors had resulted in the Army's failure to in- clude Mr. Homan as one of three applicants certified eligible for appointment, those errors do not provide a basis to retroactively effect his appointment and to award him backpay. On January 30, 1976, Mr. Homan, seeking employment as an engineer, submitted a Standard Form 171 to the Denver Area Office of the Civil Service Commission (now Office of Personnel Management). On August 13, 1976, while away from his home, he received an Inquiry as to Availability which had originally been sent to his former address even though he had notified the Denver office of his move. Return was requested by August 16 but Mr. Homan's response was not received until August 19. As a result, he was excluded from con- sideration for the vacancy. On August 25, 1976, Mr. Homan wrote to The Civil Service Commission requesting an investigation into the circumstances surrounding his elimination as a candidate. On October 7, 1977, the Commission wrote to Mr. Homan stating that they had found he was improperly denied consideration for a competitive civil service position through arbitrary and unfair procedures. 1/011 / / I; cj (%~) K.;)

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