About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-179432 1 (1973-10-11)

handle is hein.gao/gaobaadee0001 and id is 1 raw text is:               qGEEA,                           Ht


                                              U6'
                     /                  ,,

       I'   flCOMPTROL.L i GENESAL, 'r THE  UNITED UTATES



          PB-179432                                    OCT 11 1973


          Hr. P gor P. Kaplan
          Nationa Association oZ Government
             Rmployoes
           1341 0 Street, NW.
           Washington, D.C. 20005

           Dear Hr. Kaplan.

               We refer to your letter dated August 7, 1973, on behalf of
          Hr. Frederick J Bohlander, an employee of the Department of the
          Navy, requesting review of our vettlement datedJune 28, 173,
          whichfdlsallo:ed his claim for additional compensationjfor te
          period-July 2 to August 20, 1972.

               The record Indicates that Hr. ohlandsr vas temporarily
          promoted from the position of Equipmont Specialist (GS-11/8) to
(          that of Supervisory Equipment Speciallot (QS-12/4) and on July 2,
          1972, he began performance of the highar ponition. ilowever,.the
          effective date of his promotion on SF-Sf (tfotification of Personnel
          Action) was shown to be August 20, 1972k Tha adminitrative office
          held that a revived Form 50 showing the promotion effective July 2,
          1972, could not be processed because promotions may not be made
          retroactive. Review of our disallovance of Hr. Boblandor's sub-
          sequent claiu is requested on the ground this an administrativa
          error was rP03 e  to the effective date of the promotion.

               It is ell-settled law that Federal Govern ment employees are
          eltitled only to the ualariea of position% to ihich they are up-
          poluted regar less of the duties they actually perform. Canse v.
          United States, 180 C. Cle. 183 (1967). Also, thit rule for deter-
          mining the eitctive date of a change of salary r isultiva from
          administrative action is the date of approval thereof by a proper
          administrative official, or such subsequent date as may be admin-
          istratively fEked.  See 21 Comp. Ce, 95, 96 (1941)i 30 id. 156
          (1950), and decisions cited therein, Moreover, salary increase
          may ordinarily not be made retroactively. oever, 1t has been
          held that when an employee has become eligible for a c' pensation
          increase under agency regulations, administrative action retro-
          actively correcting an error or ovettlight in processing the
          necessary documnnts to grant the increasam will not be regarded
          by us as a prohibited retroactive adjustment. See 37 Comp. Cen
          300 (1957).


                                           *5-6

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most