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B-195657 1 (1980-04-22)

handle is hein.gao/gaobadiex0001 and id is 1 raw text is: 
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FILE:  B-195657


DATE: April 22, 1980


MATTER  OF:Roy A. Conklin


DIGEST:


Employee of Department of the Air Force
appealed action of Claims Division which
disallowed his claim for a retroactive
salary adjustment following a reduction
in force. Record shows agency followed
proper reduction-in-force procedures.
Subsequent action by Air Force permitting
upward reclassification of position to
which employee was downgraded created no
entitlement to backpay, as classification
actions are prospective in effect. Testan v.
United States, 424 U.S. 392 (1976). Action
of Claims Division is sustained.


     By a letter dated July 5, 1979, Mr. Roy A. Conklin,
appealed Certificate of Settlement Z-1689844, issued
January 18, 1979, which disallowed his claim for a
retroactive salary adjustment and backpay  Mr. Conklin
is an employee of the Department of the Kir Force whose
duty station is Robins Air Force Base, Georgia.     35

     The record shows that on March 31, 1972, Mr. Conklin,
then a GS-393-ll, Communications Specialist, at Lajes
Field, Azores, received a reduction-in-force notice
which offered him the position of Air Traffic Control
Specialist, GS-2151-10. On April 6, 1972, he indicated
that he would accept the GS-10 position. On May 2,
1972, he signed an overseas tour renewal agreement.
On May 18, 1972, the original reduction-in-force notice
was withdrawn and a second notice was issued which
offered him the position of Aircraft Dispatcher,
GS-2151-6. On July 18, 1972, Mr. Conklin was reduced
to grade GS-6. In August he performed his tour renewal
travel.

     In March 1974 Mr. Conklin's position was reclassi-
fied as Aircraft Dispatcher, GS-2151-7. Mr. Conklin.






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