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B-188343 1 (1977-11-17)

handle is hein.gao/gaobadfge0001 and id is 1 raw text is: - I Jv. I ~ I. 1 . THUM COMPTROLLEN UNEMAL DECllIN OF THE UNITED STArES 4$ WAOHINGTON. 0.C. ROS@S &ensel 0 r ( DIGEST: DATE: Novamber 17, 1977 Allen L. Walker--Application of Highest Previous Rate Rule Employee hired by NASA was not accorded benefit of hghest previous rate rule, but such denial was not stated in writing as required under NASA regulations. Since de;ial of highest previous rate was within agency's discretion and was agency's intention, the mere failure to document the determination does not con- stitute unwarranted or unjustified personnel action under 5 U.S.C. 5596. This action is in response to a request from the Adrcinistrater of the National AeronautIcs and Space Administration (NASA) for an advance decision concerning the application of the highest previous rate rule in the case of Mr. Allen L. Walker, an e.2ployee of the NASA Goddard Space Fliht1 Center. The record indicates that on August 27, 1972, Mr. Walker transferred from a position as an Administrative Aid, grade GS-6, step 1, ($8,153 per annum), with the Public Health Service to a position as an acco'ntant at the Goddard Space Flight Center. Mr. Walker's lettor of appointment advised him of his grade (GS-5) and salary ($7,319 per annum) but made no specific mention that he was not being accorded the benefit of his highest prenous rate or the reason for that denial. The record indicates further that the reason for denying highest previous rate, that there was little or no relationship between the experience he gained in thi position with the Public Health Service and the Goddard Space Flight Center accountant position, was not documented in his personnel file tntil January 8, 1975. By virtue of 5 U.S.C. 5334(a) (1970), the Civil Service Com- mission is given the authority to promulgate regulations e4- tablisbing an employee's rate of basic pay upon a change of position Or type of appointment. The relevant regulation is found at 5 C.P.R. 531.203(c) (1911), which provides in pertinent part as follows: It L. I FILE: B-188363 MATTER OF. I I . - -1`1

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