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B-202296 1 (1981-12-29)

handle is hein.gao/gaobadjyy0001 and id is 1 raw text is: 
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DECISION


FILE:


THE! CQMPTROLLER O~hNERAL
OF rHE UNITIED BTATEE
WA B H IN GTON, I[0(, 20 54 8


B-202296


DATE:


December 29, 1981


MATTER C

DIGEBTt


Betty Akin llolmes--Backpay--Retci.oactivi
correction of grade


Because her qualifications had been
incorrectly evaluated, employee was
reassigned to another position in a
different job series it grade GS-4
rather than the correc   gradeof
GS-5, which she had he1   in her
previous position.   Emplnyee ts not
entitled to retroactive promotion
to GS-5 since the error dil not
prevent a personnel actionyfrom
taking effect as originally intended,
the employee was not deprived of a
right granted by statute or regula-
tion nor was apnordiscretionary agency
regulation or policy violated.


      In this decision, we find that the claimant,
 Mrs. Betty Akin Holmes, emploSed by the Social Security
 Administration, Department of Hlea]th and Human Services,
 is not entitled to compensation under the Back Pay Act
 for retroactive correction of her grade to a higher level.

      Mrs. Holmes had been a Secretary, at grade GS-5,
 step 3. She applied for a Service Representative positlon
 and on January 27, 1977, she was reassigned to the new job
 series at grade GS-4, step 4. Initially, she was informed
 thct in the new job series she could not qualify for
 grade GS-5 and that she was required to begin at GS-4 in
 a career ladder progresjion from that grade through grades
 GS-5, 6, and 7.  She signed a statementgagreeing to accept
 the Service Representative position cst grade GS-4 under
 the impression she could not qualify as a GS-5. It was
 lator determined that she could have been transferred
 to the Service Representative position at grade GS-5,
 step 3. A mistake had been made in evaluating her quali-
fying experience, and as a result she was erroneously
assigned the GS-4 position. Upon review of her records,
she was credited with one bdditional year of general
experience she had gained on a previous job and effective
February 13, 1977, she was promoted to GS-5, step 3.


3FI

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