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B-198758 1 (1980-12-01)

handle is hein.gao/gaobadiss0001 and id is 1 raw text is: ~ ~ THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES A WASHINGTON, D. C. 20548 ((c/r p-zr dL' ecember 1, 1980 FILE: B-198758 DATE: MATTER OF: Eldon D. Praiswater - Back Pay Claim - Reclassification DIGEST: 1. Civilian employee's claim for backpay due to alleged improper classification of prevailing rate position by Department of Defense is denied. Questions relating to the proper classification of positions are solely within the jurisdiction of the employing agency and the Office of Per- sonnel Management. 5 U.S.C. § 5341 et seq. Neither the prevailing rate statute, nor the Back Pay Act, 5 U.S.C. § 5596 (1976), create a substantive right to backpay for periods of wrongful classifi- cation. United States v. Testan, 424 US 392 (1976). 2. Record fails to demonstrate that employee's voluntary retirement from Department of Defense during a reduction-in-force was direct result of an unjustified or un- warranted personnel action within the con- templation of the Back Pay Act, 5 U.S.C. § 5596 (1976). The employee has failed to demonstrate that the agency acted improp- erly or illegally by replacing him upon his early voluntary retirement. Employee's claim for backpay is denied. This decision is in response to correspondence of Eldon D. Praiswater, which in effect constitutes an appeal from Claims Division Settlement Certificate No. Z-2819257, dated February 20, 1980, which dis- allowed his claim for backpay. Based upon Mr. Praiswater's correspondence, it appears that his claim stems from an alleged misclassification of his prevailing rate position and from his belief that the Department of Defense acted improperly in employing a replacement for him after he voluntarily retired during an agency reduction-in-force (RIF).

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