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B-200717 1 (1981-01-28)

handle is hein.gao/gaobadiuw0001 and id is 1 raw text is: DECISI FILE: B-20 MATTER 0 DIGEST: By a letter dated October 1, 1980, Martha E. Albrecht, Director, Finance Department, Navy Regional Finance Center, Washington, D.C., requested an advance decision on the claimIof Ms. Barbara W. Scheaffer for a retroactive promotion. The claim is denied since an employee of the Federal Government is entitled only to the salary of his or her appointed position and a promotion may not be made effective retroactively in the absence of specific statutory authority. Ms. Barbara Scheaffer,Ca GS-4, Computer Aid with the Naval Reserve Personnel Center, New Orleans, Louisiana,.filed an application under merit promotion plan procedures for the position of Accounting Technician, GS-4 or GS-5,' Naval Reserve Support Office, New Orleans. Her qualifications for this position were reviewed by a personnel specialist .at the Consolidated Civilian Personnel Office (CCPO), New Orleans,',who determined that Ms. Scheaffer met qualification requirements for the GS-4 level. Her name was referred for consideration as an Accounting Technician, GS-4, she was selected, and she was reassigned to that position on April 6, 1980. Subsequently Ms. Scheaffer was notified that she would have to serve a minimum of 6 months in the position to qualify for promotion to the CS-5 level-. On May 12, 1980,.Ishe contacted the CCPO disputing this determination. In accordance with grievance procedures a review was made of Ms. Scheaffer's qualifications resulting in a determination that she was qualified for and should have been referred for consideration and selction as an Accounting Technician, GS-5. On May 19, 1980, she was informed of this 1112-1% THE COMPTROLLER GENERAL ON OF THE UNITED STATES VWASHJNGTON, D.C. 20548 )717 DATE: January 28, 1981 F: Barbara E Schea fer i-Retroactive Promotion Agency improperly evaluated a GS-4 employee's prior experience when employee applied for a new position under merit promotion procedures causing employee to be selected for new position at a GS-4 grade instead of GS-5. Employee is not entitled to retroactive promotion since the error did not prevent a personnel action from taking effect as originally intended, the employee was not deprived of a right granted by statute or regulation nor was a nondiscretionary agency regulation or policy violated. 4 4 -1 . i : Z-- '(,,/ / -7 J I _.)

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