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B-200669 1 (1981-05-06)

handle is hein.gao/gaobadjjf0001 and id is 1 raw text is: DECI!SON THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-200669 DATE: May 6, 1981 MATTER OF: Melissa T. LeSeurD-Retroactive promotion Backpay DIGEST: Agency improperly evaluated a GS-3 employee's prior experience when employee applied for a new position under merit promotion procedures causing employee to be selected for new posi- tion at a GS-3 grade instead of GS-4. Employ- ee is not entitled to retroactive promotion since the error did not prevent a personnel action from taking effect as originally in- tended, the employee was not deprived of a right granted by statute or regulation, nor was a nondiscretionary agency regulation or policy violated. Mr. James J. Costello, Director of Personnel for the Railroad Retirement Board, asks whether Melissa T. LeSeur may be retroactively promoted to the GS-04 grade level in circumstances where an agency staffing specialist erred in determining her eligibility for the higher GS-04 grade level in connection with a promotion action. The proposed course of action may not be permitted since an employee of the Fed- eral Government is entitled only to the salary of his or her appointed position and a promotion may not be made effec- tive retroactively in the absence of specific statutory authority. FACTS In December 1978, Ms. LeSeur, then a GS-03 clerk-typist in the Board's bureau of data processing and accounts, applied for the position of personnel clerk (typing) GS-0203-03/04 in the bureau of personnel. Following agency merit promo- tion procedures, a staffing specialist reviewed the person- nel folders of all of the competing applicants to determine their eligibility for the position and the grade level (at GS-03 or GS-04) for which the applicants were eligible. A register of applicants was prepared and forwarded to the merit promotion panel along with the merit promotion mate- rials on the eligible candidates including grade level qualification. The administrative report then points out as follows:-

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