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B-201776 1 (1981-06-17)

handle is hein.gao/gaobadjlw0001 and id is 1 raw text is: OECISION FILE: B-201776 MATTER DIGEST: THE COMPTROLLER GE AL OF THE UNITED STATES WASHINGTON, 0.C. 20548 DATE: June 17, 1981 OF: Larrie L. Rochholz-Retroactive promotion and backpay Former Veterans Administration employee claims retroactive promotion with backpay alleging a wrongful denial of promotion based on agency failure to follow nondiscretionary regulations and policies. Claim for retroactive promotion is denied since granting of promotion is a dis- scretionary matter primarily within the province of the administrative agency involved and record fails to show the existence of a nondiscretionary agency policy or regulation which would require that he be promoted. Also, there was no final approval of action to establish and classify position at higher grade. Even if position was erroneously classified, any remedy would have been prospective only upon formal classi- fication appeal. This decision denies ajCiaim for a retroactive promotion with backpayjrequested by Mr. Larrie L. Rochholz, and sustains our Claims Group denial of December 5, 1980 (Z-2824999). Mr. Rochholz's claim was received in this Office on August 26, 1980; therefore, the period prior to August 26, 1974, is precluded from our consideration as it is time barred. 31 U.S.C. § 71a (1976). Mr. Rochholz states that between 1970 and 1977 he was assigned higher level duties outside his regular position as a GS-11 Management Analyst with the Veterans Administration (VA) Medical Center (Hospital), Fresno, California. During the period April 1974 through March 1976, the Hospital Director sought to have him promoted to grade GS-12 in such positions as Management Analyst and Administrative Officer. Desk audits of Mr. Rochholz's duties convinced the Hospital personnel office that the higher grade was warranted.

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