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B-181329 1 (1975-11-26)

handle is hein.gao/gaobadcru0001 and id is 1 raw text is: . THE COMPTRL.L.LER GENERAL DECISION - . OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: DATE: V 261975 MATTN. P9 Mary A. Miguel Claim for retrOactive promotion after reemployment following break in service DIGEST: Where employee, who was interviewed for new position on last day of LWOP, suffered 1l-day break in service due to processing of appoint- ment, employee may not have separation date from prior position changed to avoid break in service and thereby obtain pay adjustment since she was not entitled to LWOP under agency regulations and she could not use annual leave when it was known she would not return to duty at previous post. 2. Employee, who was interviewed for new position on last day of LWOP, suffered 11-day break in service. Lmployee claims additional pay on ground she would have been appointed at higher salary but for break in service caused by misinformation by agency employee. There is no entitleaent since record indi- cates break in service resulted from normal time required to process appointment, not. misinformation. 3. Where employee suffered break in service allegedly due to reliance upon isimnformation from personnel officer regarding pay adjust- meant and effect of break in service, saployce has no legal basis for claim for additional pay she would have received but for break since United States is nwt liable for negli- gent or erroncous acts of its agents. 4. .Where employee suffered break in service allegedly due to reliance upon riasiniormation from persoeel officer regarding pay adjust- ment and effect of break in service, employee is not entitled under Back Pay Act, 5 U.S.C. a 5596, to additional pay she would have received but for brcak. irmiployee fails to meet two-pronged standard that action was oun~d to be ipropr or erroneous by appropriate authority aad that such action resulted directly in loss of pay. r7.' 7 (-C/L Q 7 ?(vi71,

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