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B-204729 1 (1981-10-28)

handle is hein.gao/gaobadjvo0001 and id is 1 raw text is: DECISION FILE: B-204729 MATTER DIGEST: THE cOMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 2054e DATE: October 28, 1981 OF: R. Dewayne Noell - Claim for Grade and Pay Retention Employee who held a GS-13 position with the Department of the Air Force trans- ferred to a GS-12 position with the Department of Energy after receiving notice that his GS-13 position would be transferred from Colorado to Virginia incident to a transfer of function. He is not entitled to grade and pay retention under 5 C.F.R. S 536.202(a), since he was not placed in a lower-grade position as a result of declining to transfer with his function, but rather as a result of his voluntary action based on his belief that he might be separated. Mr. R. Dewayne Noell has appealed our Claims Group's denial of his claim for grade and pay re- tention. Mr. Noell accepted a lower-grade position with another agency after receiving notice that his position would be transferred to another area incident to a transfer of function. Mr. Noell is not entitled to grade and pay retention since he was not placed in a lower-grade position as a result of his declining to transfer with his function, but rather as a result of his voluntary action. Mr. Noell was employed as a grade GS-13 Realty Officer with the Aerospace Defense Command, Peterson Air Force Base, (AFB), Colorado. By letter dated May 11, 1979, entitled Preliminary Offer of Transfer of Function Mr. Noell was advised by the Air Force that the function with which his position was identi- fied was scheduled to transfer to Langley Air Force Base, Virginia, on or about October 1, 1979. He was asked to return the letter and indicate whether he was interested in accompanying the transfer of function. Mr. Noell replied that he was interested in accompanying the transfer of function. Mr. Noell received another Preliminary Offer of Transfer of Function dated September 4, 1979, wherein he was advised that his function was scheduled to transfer 1I(75 03 o Ic.

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