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B-185805 1 (1976-05-18)

handle is hein.gao/gaobaddmu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION (OF THE UNITED STATES VVASHiNGTON, D.C. 20548 FILE: B-185805 DATE: MAY 1 8 1976 MATTER OF: Dr. Kenneth J. Friedman - Retroactive appointment DIGEST: Where NIH Manual provided that candidates for the Senior Staff Fellowship must have three to seven years professional level research experience, individual appointed to a regular Staff Fellowship may not recover the compensation payable to Senior Staff Fellows rerely because he has 3 years research experience. The manual provision does not set forth a mandatory ad- ministrative policy requiring appointment of all individuals with 3 years research experience to the Senior Staff Fellowship Program without regard to other factors, including the quality of that research experience. By letter of December 8, 1975, Dr. Kenneth J. Friedman requests this Office's review of Claims Division Settlement Certificate No. Z-2608851 dated December 3, 1975, denying his claim for additional salary. Dr. Friedman's claim is based on his belief that the National Institutes of Arthritis, Metabolism and Digestive Diseases was required to appoint him to its Senior Staff Fellowship Program in view of his prior 3 years of research experience. Instead he was appointed on July 9, 1972, to the Staff Fellowship Program. As a Staff Fellowship employee he was entitled to receive a lesser stipend than Senior Staff Fellowship employees. It is Dr. Friedman's contention that his appointment as other than a Senior Staff Fellowship em- ployee violated the following provision of National Institutes of Health (NIH) Manual 2300-320-1: 3. Both the Staff Fellowship Program and the Senior Staff Fellowship Program are used to employ investigators whose prior research experience--whether outside or within NIH--does not provide an adequate basis for a conclusive evaluation of their research capabilities. Within this criterion: sp

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