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B-183125 1 (1975-11-14)

handle is hein.gao/gaobadcta0001 and id is 1 raw text is: FECISION FILE: B-183125 . .LE R c (WTV THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: NOV 1 4 1975 MATTER OF: Harold A. Bruce - Retroactive promotion based on administrative error in processing request Regional office of Animal and Plant Health Inspection Service (APHIS) was confused over implementation of new classification standards and erroneously prepared promotion request for grade GS-7 employee to be pro- moted to interim grade GS-8 position instead of to grade GS-9 position that agency promotion criteria required. Upon discovery of error APHIS, with con- currence of Civil Service Commission, promoted employee to GS-9 position. Grievance examiner recommended employee's retroactive GS-9 promotion to date he received promotion to interim GS-8 position. Error was unjustified or unwarranted personnel action that deprived employee of pay and may be remedied under Back Pay Act, 5 U.S.C. 1 5596. This matter involves a request the Department of Agriculture as to an employee of the Animal and Plant (APHIS), may be granted retroactive salary between grades GS-8 and GS-9 1972, through June 10, 1973. for an advance decision from whether Mr. Harold A. Bruce, Health Inspection Service pay for the difference in for the period October 29, In October 1972 Mr. Bruce occupied the position of food inspector (slaughter), GS-1863-7, and was stationed in Cohoes, New York. At that time, the Northeast Regional Office, Meat and Poultry Inspection Program-Field Operations, APHIS, submitted a Standard Form 52, Request for Personnel Action, to the Personnel Operations Branch, Personnel Division, APHIS, Minneapolis, Minnesota, requesting that Mr. Bruce be promoted. Officials at the regional office were confused over the implementation of the then new Food Inspection Classification Standards and erroneously prepared the request for promotion by indicating the promotion was to an interim GS-8, food inspector (non-processing) position instead of to a GS-9, food inspector (non-processing) position. However, in the Remarks section of the request, the regional office noted that the promotion was for a GS-9 position when Mr. Bruce was eligible. The request was approved as prepared and the employee was promoted to grade GS-8 effective October 29, 1972. 0Q`L43LQ7 743 DIGEST: q 71-3 \

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