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B-229447 1 (1988-09-14)

handle is hein.gao/gaobadnfh0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 UDecision Matterof- Antonio 0. Lee - Retroactive Placement in Higher Step and Grade - Backpay File: B-229447 Date: September 14, 1988 DIGEST An employee who was hired at a certain grade level may not receive backpay retroactive to the date of his appointment merely because the employing agency subsequently placed him in a higher step of the grade level and then promoted him to a higher grade level, after it had determined that his education and experience qualified him for the higher grade and step than he was given when appointed. An appointment at a higher level would have been discretionary rather than mandatory. Consequently, at the time of appointment there was no administrative error depriving the employee of a legal right to be hired above grade level in which he was appointed. DECISION This decision sustains our Claims Group's denial of backpay to Antonio 0. Lee, an employee of the National Security Agency (NSA). Mr. Lee contends that he is entitled to a retroactive promotion to GS-9 from the time he was initially hired by NSA based on his experience and the hiring practices of the agency. Prior to his employment, a representative of the agency informed Mr. Lee that he would recommend an appointment at grade level GS-9 because of Mr. Lee's qualifications and experience. However, he was hired on September 30, 1985, at the lower entry grade of GS-7, step 1. Subsequently, he learned that some individuals with similar experience had been hired at grade level GS-9. He then questioned the propriety of hiring him at the lower GS-7 grade. The agency reassessed his education and experience qualifications, and his pay level was raised to step 4 of grade level GS-7 in February 1986. Subsequently, he was promoted to ()A -1

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