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B-228711 1 (1988-12-08)

handle is hein.gao/gaobadnic0001 and id is 1 raw text is: 


cThe Comptroller General
          of the United States
          Wahington, D.C. 20548


          Decision



          Matter of  Edward M. Wirth - Retroactive Personnel Action

          File:      B-228711

          Date:     December 8, 1988

          DIGEST

          An individual in the IRS Student Trainee Program was delayed
          4 months in his promotion to a grade GS-7 position. The
          delay occurred when he was discovered to be ineligible for
          noncompetitive conversion to the target position upon com-
          pletion of his bachelors degree because he was appointed
          under temporary appointment authority rather than from a
          competitive civil service register. His appointment may
          not be made retroactive since he was not deprived of a right
          granted by statute or regulation nor was there a failure to
          carry out nondiscretionary administrative policies or
          regulations.

          DECISION

          This decision is in response to a joint request from
          Chapter 304 of the National Treasury Employees' Union
          (NTEU) and the Pittsburgh District Office of the Internal
          Revenue Service (IRS), for our determination as to whether
          Mr. Edward M. Wirth is entitled to retroactive advancement
          to a grade GS-7 revenue agent position. For the reasons
          stated below, we hold that he is not so entitled.

          BACKGROUND

          Mr. Wirth was hired by the IRS Pittsburgh District Office on
          June 6, 1983, to fill a career-conditional position in the
          Accounting Student Trainee Series, GS-599. The Pittsburgh
          office had requested a Student Trainee (Accounting) register
          from the Philadelphia Area Office of the Office of Personnel
          Management (OPM), but since such a register had not been
          established, the Philadelphia office issued Temporary
          Appointment Pending Establishment of Register (TAPER)










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