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B-178794 1 (1973-08-06)

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iN                  COMOLLXR UNKRAL OF THr UNITED STATES
      ~~WAIHt#GTCW.4 D.C., W4


   -1378794


   t. Welay g*, Irowder
   U 03 L 28006 Edenvifle lRoad
   Chaaberaburg, Psnnsylvania 17201

   Dear Hr. Browder:

        We refer further to your letter-of April 29, 1973, wherein you,
   request review of the disallowance of yout-elaim for additional compen-
   sationlrepresenting th-e differunce, in pay between steps 7., and 10'of
   0S-13 incident to your change to a lowar grade after termination of a
   teporary promotion as an employee of the Department of the Army. Your
   claim was disallowed for the reasons stated in Settlement Certificate
   of November 13, 1972, from our Transportation and Claims Divoeion.

        Thc recod before us shows that on March 29, 1970, you wera given
   a noncompetitive tenporary promotion not to exceed July 18, 1970, from
   08-139 step 7, 020,114 a year to 0-14, step 4, $21$608 a year. On
   June 7, 1970, after 70 days, your temporary promotion waas terminted aria
   you were returned to your formor position and grade in accordance with
   the terms of the temporary pronotion.

        You feel that the highest previous rate rule should have been
   applied when you ware demoted and accordingly you contend yovr pay
   should have been met at atep rate 10 of 0S-13 ( 21,791) after demotion.
        The resulat Li  pnrtainn to the application of the wo-allcd
   'hiahest previou' rate, 5 CFR 531.203(c), provide in effect, that when
   an y1loyeB Is reemployed, transforrud, reassigued, pronoted, or demoted,
   the agonc7 _fft pny the employee at any rate of his grade whi0l does not
   exceed his highest previous rate.

        Te administrative report on your tlaim iudicaceu that the basis
   for settn-g your salary nt the time you were returned to grade 0S-13
   was paragraph 2-6d of Army Civ flian Personnel Regulation P3 vbkh is
   ae follw: I

             d. When au employe iz reduced to a lower grade
        following teapor.r, linited p-omotion am authorized in
        CPR W .4-2a, his nalary will he fixed at that rate to
        vbicth he would have progrecoed by means of within grade
        luprsem had he not been assigned to the 'higher grade.




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