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B-230720 1 (1988-11-16)

handle is hein.gao/gaobadnhb0001 and id is 1 raw text is: 



The Comptroller General
of the United States

Washington, D.C. 20548
Decision





Matterof.  Sheryl L. Stanley - Highest Previous
           Rate Rule - Promotion
File:
           B-230720
Date:      November 16, 1988



DIGEST

An employee of the Air Force Accounting and Finance Center
who transferred from a higher paying position with the Naval
Supply Center claims that under the highest previous rate
rule she is entitled to higher grade and pay after a
subsequent promotion. Since the employee's salary after
promotion exceeded her existing rate of pay by two step
increases, as required under 5 U.S.C. § 5334(b) (1982), the
highest previous rate rule does not apply.


DECISION

Sheryl L. Stanley, an employee of the Air Force Accounting
and Finance Center, Denver, Colorado, appeals the decision
of our Claims Group (Z-2863759, Feb. 5, 1988) denying her
claim for retroactive step increases and backpay under the
highest previous rate rule. We hold that Ms. Stanley was
not entitled to the higher compensation levels and affirm
the decision of our Claims Group.

Ms. Stanley was employed, until August 16, 1980, as a grade
GS-5, step 6, payroll clerk at the Naval Supply Center in
San Diego, California. She transferred to the Air Force
Accounting and Finance Center in Denver because her husband
was retiring from the military and moving there. Since her
transfer was voluntary, she had no entitlement to retained
pay and was hired at grade GS-3, step 10. On February 22,
1981, she was promoted to grade GS-6, step 1, as a military
retirement claims examiner and was awarded subsequent
promotions to grade GS-7, step 1; grade GS-8, step 1; and
grade GS-9, step 2. She contends that under the highest
previous rate rule her promotions should have been to grade
GS-6, step 3; grade GS-7, step 2; grade GS-8, step 2; and
grade GS-9, step 3, respectively.







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