About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-203528 1 (1982-04-13)

handle is hein.gao/gaobadkfu0001 and id is 1 raw text is: 

0;


I DECISION


/ (-)I


FILE: B-203528


MATTER OF:


DATE:


Ray M.
crease


April 13, 1982


Bourgeois - Retroactive salary in-
- Advanced step-placement


DIGEST:


Attorney-advisor in U.S. Air Force claims
retroactive advanced step-placement and
accompanying backpay based on detrimental
reliance on erroneous salary listed on
vacancy announcement. His claim is denied.
Although OPM allowed advanced step-placement
based on superior qualifications to relieve
hardship, retroactive adjustment is not author-
ized under Back Pay Act, 5 U.S.C. § 5596.
Failure by agency to request advanced step-
placement is not a violation of a nondiscre-
tionary regulation or policy.


     This decision arises from an appeal by Mr. Ray M.
tiourgeois of Settlemdent Certificate Z-2828386, March 27,
1981, issued by our Claims Group, in which his claim for a
retroactive adjustment of his step-placement and backpay
from May 7 to Jily 30, 190, was denied. For the rea-
sons set forth below, we sustain the disallowance of
Mr. Bourgeois' claim.

     Mr. Bourgeois was appointed to the position of attorney-
advisor, GS-dl, step 1, with the United Statec Air Force,
Keosler Air Force Base, Missisoalppi, on May 7, 1980. The
attorney-advisor vacancy was announced in January 1980, and,
due to a typographical error, the salary was incorrectly
shown as $26,611. An amended announcement listing the
correct salary of $20,611 was sifsequently issued.
Mr. Bourgeois applied for the position based upon the first
announcement listing the annual salary at   26,611, and
states he neither saw the amended announcement nor was
advised as to the correct salary.  On May 14, 1980, he filed
a formal complaint seeking to be paid the salary quoted on
the original job announcement.

     By letter of Nay 23, 1980, Mr. Bourgeois' supervisor
sought the authority to adjust Mr. Bourgeois' salary.   In
a letter dated August 5, 1980, tho Office of Personnel
Managezuent (OP) authorized his salary and step-placement
to be increaced from GS-, step 1, to GS-ll, step 9, which


THE COMPTRCLlEG NERAL
OF THIU UNITED TAT5MB
WASHINcTO   93N, D.OC .20548

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most