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B-194743 1 (1979-09-14)

handle is hein.gao/gaobadhpq0001 and id is 1 raw text is: CIECISION I T FILE: B-194743 04SI-11- THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: September 14, 1979 MATTER OF: Joseph G. Ma - Claim for Retroactive Promotion and Backpayj DIGEST: 1. Employee, who was initially selected to fill vacancy, claims retroactive promotion and backpay where vacancy was filled instead by priority candi- date. Claim is denied since promotions are discre- tionary with.agency and may not be made retroactive absent violation of nondiscretionary regulation or policy. 2. Employee, whose claim for retroactive promotion and backpay was denied by GAO Claims Division, questions whether GAO interviewed witnesses and reviewed all documents in file. GAO does not conduct hearings or interview witnesses but adjudicates claim based upon review of written record. Finally, it is not . ocagoD within jurisdiction of GAO to decide whether grievance should have been reviewed by Civil ServiceqP_ Commission, now Merit Systems Protection Board. DL~ool This decision is in response of our Claims Division settlement claim for a retroactive promotion to the appeal by Mr. Joseph G. May dated August 22, 1978, denying his and backpay. Briefly stated, the facts in this case are as follows. Mr. May, an employee of the Department of the Army, was among 15 candidates who were listed as qualified to fill the position of Maintenance Management Specialist, grade GS-13. On January 8, 1975, the select- ing official chose Mr. May for the position. However, before that selection was approved by the Army Civilian Personnel Office, it was brought to the attention of the personnel officer that another em- ployee, who was on the competitive list, should have been referred on a non-competitive list as a priority candidate. Corrective action was initiated, and the priority candidate was selected for the posi- tion. Mr. May filed a grievance with his agency alleging violation of merit promotion procedures, but this grievance was denied by the grievance examiner. Mr. May claims that he should have been promoted to the grade GS-13 position effective January 8, 1975, and is entitled to backpay from that date until August 15, 1976. However, as our Claims Division r re- 44\ A') .

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