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B-178242 1 (1973-09-26)

handle is hein.gao/gaobaadgo0001 and id is 1 raw text is: 



        btYI             COMPTROLLER GENERJL OF TIE UNITED STATES
                                    WASI*INQTOI'ID.C. 2C543
       B-178242                                          saptember 26g 1973


       lr, JoFhn J, Marini
       4901 ikemitary Road
       AIenudria, Virsinia 22311

       Dear Kr. K/arini

            We refer 'W your letter of Jums 16, 1973# requesting reconsideration
       of our deoision of June 5, 973, b-17 242, which sustained the disallow*
       ate of your claim for an increase in pay, retroactive to January 1,
       1967, following the reclausificmtion of your position from GS-14 to OS-15,
       effectivc October 18, 1970.

            The facts of your case are contained in our decision of June 5, 1973,
       and will pot be repeated here, Yotr request for reconsideration ts not
       based on new facts but on the belief thet our prior decision overlooked
       the provAsions of section 1310(d) of the 1952 Supplemental Appropriation
       Act as mended$ 5 U.s.C, 43 note (1964 ed,), which requires an annual
       review of position classifications, While the statute was not specifi-
       cally mentioned, our decision noted that you had claimed that your
       supervisors failed to timely update your position classification.    In
       thia regard we pointed out that it is not within the jurisdiction of our
       Office to determine whether a position has been properly described.

            We have revLewed youir case but find no basis to disturb our decision
       of June 5, 1973.  We also have examined your contention that your case
       closely parallels the situLtion In 1-165571, February 19, 1971, 50 Comp.
       Cen. 581p sierein &a employee was held to be entitled to retroactive pay
       because her agency deliberately ursclassified her position. This cnse i
       inapplicable to your situation since there is nothin Lu the record Lo
       indicate the Navy deliberately aLsolasnified your position.

            Accordingly, our decision of June 5, 1973, is sustained.

                                          Sinr,.erely yours,

                                          Pa'ul 0 ;.G.% 1.41 11n-

                                 For tho Comptroller General
                                         of the United States

    / cc: Department of the Navy
            Navy Regional Finance Center
            Washington, D.C.   20390

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