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B-196686 1 (1980-01-17)

handle is hein.gao/gaobadhxf0001 and id is 1 raw text is: 

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                          (0)/  1,gLLs
                 0,p THE COMPTROLLER GENERAL
DE  CISION       .(        . OF   THE    UNITED      STATES
                             WASHINGTON, D.C. 20548
                    OVIT,O


FILE:   B-196686                    DATE:  January 17, 1980

MATTER OF: Barbara S. McCoy - [aim for Retroactive Salary
                Adjustmen]

DIGEST:         1. Civilian employee of Department of Navy,
                   hired in July 1973, as grade GS-2, step 1,
                   claims retroactive salary adjustment for
                   purpose of matching her previous salary as
                   grade GS-5, step 6, employee of U.S. Post
                   Office.  Claim is denied since an employee
                   has no vested right upon transfer or
                   reemployment to receive the highest salary
                   rate previously paid to her. It is within
                   agency's discretion to implement highest
                   previous rate rule, and that determination
                   will not be overturned in the absence of
                   administrative error.  See 54 Comp. Gen.
                   310  (1974).

                2. Employee, whose claim for retroactive salary
                   adjustment was denied by Claims Division,
                   questions whether GAO thoroughly investigated
                   and interviewed certain witnesses in connection
                   with claim.  GAO does not conduct adversary
                   hearings or interview witnesses but adjudicates
                   claim based upon review of written record.
                   4 C.F.R.§ 31.7.  Burden of proof is on the
                   claimant to establish the liability of the
                   United States and the claimant's right to
                   payment.

     This decision is in response to the appeal of Ms. Barbara S.
McCoy of our Claims Division settlement dated August 13, 1979, denying
her claim for retroactive salary adjustment. For the reasons which
follow we are sustaining the Claims Division's adjudication.

   .  e. McCoy was hired on July 22, 1973, by the Naval Ship)   0
Engineering Center (NAVSEC) as a grade GS-2, step 1, at a rate of
$5166 per annum.  She had previously been employed by the U.S. PostA6C'kT
Office as a grade GS-5, step 6, at a rate of $7777 per annum, until
she left that position on April 16, 1971. Ms. McCoy contends that
she was entitled to have her previous salary matched by NAVSEC
because, as she alleges, the department was matching the previous

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