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B-230496 1 (1988-06-07)

handle is hein.gao/gaobadncl0001 and id is 1 raw text is: ~z~ ~ The Comptroller General of the United States Washington, D.C. 20548 Decision Lewis E. Robinson - Demotion - Claim for Matter of: Backpay and Compensatory Damages File: B-230496 Date: June 7, 1988 DIGEST An employee is not entitled to backpay under the Back Pay Act, 5 U.S.C. S 5596 (1982), for the difference between a grade GS-5 and a grade GS-6 salary where there is no evidence of an unjustified or unwarranted personnel action. The employee was downgraded from a supervisory position prior to completion of a probationary period. See 5 U.S.C. S 3321 (1982). Further, neither the Back Pay Act nor any other statutory authority provides for payment of compensatory damages. DECISION This decision is in response to a request by the National Federation of Federal Employees, Local 1453, on behalf of Mr. Lewis E. Robinson, a former Veterans Administration (VA) employee, for backpay under the provisions of the Back Pay Act, 5 U.S.C. S 5596 (1982). Mr. Robinson is also claiming numerous other amounts which are in the nature of compensatory damages. Mr. Robinson's claim is denied since there is no evidence in the record of an unjustified or unwarranted personnel action so as to support a claim for backpay, nor is there any statutory authority to award a claimant compensatory damages. BACKGROUND Mr. Robinson was employed by the VA Medical Center, Miami, Florida, and he was promoted from a grade GS-5 police officer to a grade GS-6 supervisory police officer in April 1981. Before he completed the 1-year probationary period at the grade GS-6 level, he was downgraded by the VA in April 1982, to the grade GS-5 level. Mr. Robinson was

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