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B-217885 1 (1987-09-25)

handle is hein.gao/gaobadmvv0001 and id is 1 raw text is: The Comptroller General of the United States , J Washington, D.C. 20548 Decision Agnes T. Crouch - Reclassification - Claim Matter of: for Backpay File: B-217885 Date: September 25, 1987 DIGEST A former employee of the Department of the Army is not entitled to backpay on the basis that she held a position that was reclassified from grade GS-12 to grade GS-13. The evidence furnished by the Army indicates that the position was in fact occupied by another employee. The burden of proof is upon the employee to establish the liability of the government and her right to payment, and she has not met that burden. DECISION Ms. Agnes T. Crouch, a former employee of the Department of the Army, has appealed the determination by our Claims Group in its settlement Z-2863016, December 4, 1986, which denied her claim for backpay. For the reasons that follow, we uphold our Claims Group's determination. BACKGROUND Ms. Crouch was employed as a Personnel Staffing Specialist, GS-212-12, from November 1974 to November 1978, by the Department of the Army, Civilian Career Management Field Agency. Ms. Crouch alleges that from May 1976 to July 1978 she occupied a position classified as a GS-201-13, Automatic Data Processing (ADP) Career Program Administrator. Thus, she claims she is entitled to backpay on the basis of our decision in 53 Comp. Gen. 216 (1973). We held in that decision that when an agency reclassifies a position to a higher grade, it must within a reasonable time after the date of the final position classification either promote the incumbent, if he or she is otherwise qualified, or else remove him or her. See also 5 C.F.R. § 511.701(b) (1986).

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