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B-196638 1 (1980-07-10)

handle is hein.gao/gaobadika0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: MATTER' DIGEST: B-196638 DATE: Jul 10, 1980 OF: Earl H. Carter --1aim fy Social Security Administration employee claims retroactive promotion with backpay alleging agency's improper action in not selecting him for an earlier promotion when he was ranked among the best qualified applicants. In addition, he requests a retro- active quality step increase as he alleges that agency officials improperly delayed recommending and approving that award. Since no nondiscretionary policy or regu- lation is shown that would have required that he be selected for promotion or would require his selection for a quality step increase at a specific time, there is no basis to allow claim. By letter dated August 4, 1979, Mr. Earl H. Carter, an employee of the Social Security Administration (SSA) has appealed from our Claims Division's August 1, 1979 settlement which disallowed his claim for a retroactive promotion and accompanying backpay for the period from February 27, 1977, to January 1978. In addition, he appeals the Claims Division's disallowance of his claim for a retroactive quality step increase. Upon review the action disallowing his claims is sustained. The record shows that Mr. Carter applied under agency position vacancy announcements for promotion to the position of Social Insurance Claims Examiner, GS-933-8. He was among those candidates ranked best- qualified for selection and alleges that he had the third highest point total of the applicants. The selections were apparently made in February 1977. Mr. Carter was not selected for promotion to these positions and agency officials advised M4r. Carter and his attorney that he was not selected as the recommending official in the selection process was aware that he had received an official reprimand which had been in effect since June 1976. These officials further advised that there was no d#44- z Z27 23 I I2~1~/j * 4 / Y . 24 Z_ 4

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