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B-204544 1 (1981-10-28)

handle is hein.gao/gaobadjvm0001 and id is 1 raw text is: .)00z 0THE COMPTROLLER GENERAL OECISION . OF THE UNITEO BTATES WASHINGTON. D.C. 20548 FILE: B-204544 DATE: October 28, 1981 MATTER OF: Kenneth R. Ludwig - Retroactive Promotion - Backpay DIGEST: Agency's improper designation of GS-13 employee's change of duty station as a tem- porary reassignment delayed employee's pro- motion to GS-14. Employee is not entitled to a 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. Philip L. McKinney, Acting Chief, Branch of Finan- cial Management, United States Department of the Interior, Reston, Virginia, has requested an advance decision on the claim of Dr. Kenneth R. Ludwig for a retroactive promotion. We conclude that the claim must be denied because the administrative error involved does not constitute an unjustified or unwarranted personnel action under the Backpay Act. In May 1980, Dr. Kenneth R. Ludwig, a GS-13, Geologist with the Branch of Uranium and Thorium Re- sources, Geologic Division, Lakewood, Colorado, was transferred to a temporary duty station in Adelaide, Australia. Dr. Ludwig's transfer on May 22, 1980, was designated as a temporary reassignment and a new position description was prepared in order to obtain headquarters classification approval. During the period of his overseas assignment, Dr. Ludwig's qualifications and work performance were reviewed through an evaluation process conducted annually by the Geologic Division. Dr. Ludwig was determined to have met eligibility criteria for GS-14, Geologist, and the evaluating panel's recommendation for promotion subsequently was approved by the Chief Geologist and Director of Geological Survey. In

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