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B-204727 1 (1982-03-01)

handle is hein.gao/gaobadkci0001 and id is 1 raw text is: /1/'2712 DECISION ''I THE COMPTROLLUR OEINERAL OF THE UNIThD BTATIB WA6HINGTON0, 0 20548 ,P, 0o FILE; B-204727 2/9 5 DATE; March 1, 1982 MATTER OF; Gregory D. Stover DIGEST; Employee of Ftsh and Wildlife Service may bs promoted retroactively in accordance with 53 Comp, Gen, 216 (1973) after agency reclassification agtion. Agency requirememt that requests for personnel action be forwarded to Washington office for approval of promotions at or above GS-12 does not relieve agency of reqtiirement to promote qualified incumbent or replace him within four pay periods after position has been reclassified, By a letter dated July 31, 1981, Mr. Gregory D. Stover, appealed the action of our Claims Group, AFMD, in Settlement Certificate Not Z-2830458, issued July 9, 1981, which denied his claim for a retroactive promotion and backpay based on an agency reclassification action, For the reasons stated herein, we find that Mr. Stover's claim may be allowed and the action of our Claims Group is reversed, The record ehows that on August 7, 1980, Mr. Stayer, a Special Agent/Pilot (Wildlife), GS-1812-11, with the Division of Law Enforcement, Fish and Wildlife Service (FWS), United States Department of the Interior, filed a classification appeal with the Office of Personnel Manage- ment (OPM). Subsequently, OPM requested information from FWS regarding Mr. Stover's position. This request was for- warded to the appropriate FWS regional personnel office. Because there was no evaluation statement for Mr. Stover's GS-11 position, a new Position Description, No. 59100-5t was prepared. Position Description No. 59100-5, Special Agent/Pilot (Wildlife), GS-1812, was classified at grade GS-12 on September 8, 1980, by the regional classification officer. A request for personnel action to promote Mr. Stover was forwarded to the FWS's Washington Office in accordance with Chapter 22 AM 2.2A of the FWS Adminis- trative Manual. Chapter 22 AM 2.2A requires program management clearance from the Washington Office for all I a' *, F

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