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B-173815.48 1 (1976-09-29)

handle is hein.gao/gaobadcxs0001 and id is 1 raw text is: . THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES r WASHINGTON. D.C. 20548 FILE: DATE: 4 2$ B-173815.48 MATTER OF: --7 Ms. Rachel Rothschild - Retroactive Promotion With Backpay DIGEST: 1. One month delay in employee's promotion occurred when recommendation sent through U. S. mail failed to reach offi- cial authorized to approve promotions. Employee is not entitled to retroactive promo- tion with backpay since where the official authorized to approve promotions has not acted there is no administra- tive error to correct. B-183969, B-183985, July 2, 19751 B-180046, April 11, 1974. 2. Employee with training agree- ment did not receive promotion immediately after completion of specified period of satis- factory service because recom- mendation was lost in mail. She Is not entitled to retro- active promotion and backpay. There is no evidence of violation of statutory or regulatory right, nor violation of any binding contractual obligation In train- ing agreement which required nondiscretionary agency promo- tion action upon employee's completion of required service. 3. Even if delay in promotion results from misclassification, reclas- sIfication of position with con- comitant pay increase may not be made retroactively. Neither Back Pay Act nor Classification Act creates substantive rights to backpay based on wrongful clas- sification actions. United States v. Testan, 424 U.S. 3Z (1876).

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