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B-202688 1 (1981-10-23)

handle is hein.gao/gaobadjvj0001 and id is 1 raw text is: OECISION K FILE: B-202688 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 2054B DATE: October 23, 1981 MATTER OF: John W. Godwin - Claim for Backpay DIGEST: 1. Employee claims retroactive promotion and accompanying backpay based on belief that he should have received a noncompetitive promotion at the time he became eligible for promotion. In the absence of a non- discretionary agency policy or regulation requiring that the employee be promoted there is no basis to allow a retroactive promotion with accompanying backpay and the claim may not be allowed. 2. Employee claims a retroactive promotion and backpay on the basis that the duties he performed were those of a higher-grade position. Claim may not be allowed since, generally, an employee is entitled to the salary of the position to which he has been appointed regardless of the duties he may perform. By letter dated March 16, 1981, Mr. John W. Godwin, an employee of the Department of the Army, has appealed our Claims Group's settlement dated November 3, 1980, which disallowed his claim for a retroactive promotion and backpay for an approximate period of 2-1/2 years ending April 16, 1980. Mr. Godwin's claim is based upon the agency's alleged failure to promote him at the time that he was first eligible for promotion and upon his performance of duties associated with the higher-grade position. Our Claims Group's disallowance is sustained on the basis that the record does not show the existence of an administrative requirement that he be promoted at a specific time. In the circumstances he is entitled only to the salary of the position to which he had been appointed. On October 18, 1976, Mr. Godwin was appointed to the position of air conditioning equipment mechanic,

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