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B-202689 1 (1982-07-08)

handle is hein.gao/gaobadklr0001 and id is 1 raw text is: DECISION FILE: B-202689 MATTER CJF DIGEST: THE CC1MPTHCU.A OUNElAL 0F THE UNITEC STATES 1 VABHIN GTON, 0,43, 90154a DATE: July 8, 1982 John Do McCrary - Retroactive promotion and backpay Employee claims that the Department of the Army committed an unjustified and unwarranted personnel action by failing to reclassify his GS-12 position to GS-13 in a reasonable time after receiving a new classification guide. The Army promoted the employee after a new position description was writton and approved, and authorization was received for the addi- tional GS-13 position. His claim for backpay is denied since employee has nor shown that Army violated a mandatory regulation by failing to promote him more expeditiously. This decision is in response to an appeal by Mr. John D. McCrary of our Claims Group's Settlement, Z-2823441, January 15, 1981, denying hin request that his promotion from grade GS-12 to grade GS-13, which was effective May 18, 1980, be made retroactively effective to April 1979, For the reasons that follow, we sustain the settlement of the claims Group. Mr. McCrary, a supervisory industrial engineer, Department of the Army, Fort Polk, Louisiana, filed a claim for backpay with the Department of the Army on October I, 1979. The basis of his claim was that the agency committed an unwarranted and unjustified personnel action by failing to act in a timely manner in utilizing a new, Classification Guide for GS-13 Facillties Engineering Diviuion Chief Positions at the Installation Level. This classification guide was received by his installation on December 11, 1978. After the guide was received, the installation began the process of reclassi- fying Mr. McCrary's position. This process included revising Mr. McCrary's job description to meet the new guidelines. Also, the instal- lation had to apply for and receive authorization for additional grade GS-13 positions. These actions took a long time and it was not until February 6, 1980, that the new job description was finally approved by the po3ition management officer. Thereafter, the installation did not

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