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B-184280 1 (1977-02-17)

handle is hein.gao/gaobadecp0001 and id is 1 raw text is: ., I #4 4.1 - . ze THE COMPTROLLER GWNEAL ONCISION . . O THE UNITEn STATUS WABWINGTON. D.C. *0E4U I DATE: February 17. 1977 OF: Richard L. Cepels - Retroactive step adjustment and bmckpay Eiployee who was granted less than highest previous rate upon,appointment and subsequent piomotion is not entitled to retrosctive step adjustment and backpay where agency ixercised its discretion so established h its regulations it denying the highest previous rate., Such action does not constitute an administrative error warranting corrective action. This actionuresults from the appeal by Richard S. Cepela of aur Claims Division settlement dated March C, 1976, which disallowed his claim for backpay as a former e1oyee of the National Aeronautics and Space Administration (NASA). The facts in Mr. Cepela's case were fullr set forth in the settlement of March'4, 1976, -and aed not 'ie repeated ecept as pertinent to theapresent decision of-the case. Mr. Cepela's claim for backpay was disallowed on the ground that NASA exercised its dis6retion as established by its regulaiias in denying him t he highest previous rate upon appointment. Such action did not appoar to constitute administrative error warranting corrective action. Mr. Cepela states that;Mr. John Burroughs who was promo ted to the position heid by him prior to his transfer ti ERDA was placed in step 1,0 of g'rade GS-8, from step 10'of grade CS-7. Mr. Cepela claims he should have been given che top step of the grade GS-8 at the time he iras promoted to the position under the highest previous rate uitla. Mr. Cepela was not given the highest previous rate because NASA excrcised administrative discretion to limit him to the minimumn step for the reasons given in the Claims Division settlement of March 4, 1976. A similar decisicn &ras made by NASA concerning Mr. John E. Burroughs when he was employed December 20, 1971; at grade CS-7, step 3, He could have been given step 10 of the grade basied on highest previous rate, $14,925 which was equivalent to grade GS-11, step 7 at the time. On December 24, 1972, Mr. Burrough. I nnr I *..'.r>..4 zt41cP4~v. ~ - Jr MATTER DIGEST: C CD i PILE: B-184280

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