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B-191794 1 (1978-09-19)

handle is hein.gao/gaobadszp0001 and id is 1 raw text is: DECISION FILE: B-191794 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 OATE:September 19, 1978 MATTER OF: a--Backpay - Erroneous R assifiecation DIGEST: Civilian employed by the Department of the Army, whose position classification was upgraded from grade GS-11 to grade GS-12 upon his application to the Civil Service Commission, is not entitled to retroactive award of grade GS-12 salary, since Federal employees are entitled only to the salaries of the positions to which they are actually appointed regardless of the duties performed, and neither the Classification Act, 5 U. S. C. §§ 5101-5115 (1976), nor the Back Pay Act, 5 U. S. C. § 5596 (1976), creates a substantive right to backpay during a period of claimed wrongful classification. United States v. __ 424 U.S. 392 (1976). This action is in response to correspondence received from Mr. , appealing Settlement Certificate Z-2770692 dated October 21, 1977, issued by our Claims Division disallowing his claim for a retroactive reclassification of his position from grade GS-11 to GS-12, and a retroactive promotion from grade GS-11 to grade GS-12 with backpay for the period September 5, -1972, to August 23, 1977, incident to his employment with the Department of the Army. The facts of this case as revealed by official records available to this Office are as follows. On or about September 5, 1971, Mr. , along with 9 other individuals was appointed to the position of Attack Warning Officer, GS-301-ll, with the United States Army Strategic Communications Command. He then began working at the Alternate National Warning Center, Olney, Maryland, one of three such centers. All 10 employees were then provided with one year of training. Upon completion of the one-year training period, they were scheduled to assume full responsibilities of their positions at the grade GS -12 level. It appears that all 10 of the individuals concerned completed their training in a satisfactory manner and all were reco nd for promotion from grade GS-11 to grade tS*12, with Mr. promotion scheduled to become effective on September 5, 1972. It also appears that in September 1972 there were a total of 26 attack warning officers, and 16 of them were in positions classified at the 7eU. U. DIGEST

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