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B-197474 1 (1980-06-09)

handle is hein.gao/gaobadiij0001 and id is 1 raw text is: 14 -~-TH E COMPTROLLER GENERAL OECISIONOF TH IE UNITED STATES WASHINGTON- 0. C. 20546- FILE: 8-197474 OATEjune 9, 1980 MATTER OF: Robert D. Warren - Retroactive Promotion and Backpay DIGEST: (1) Civilian employee of Department of the Army claims retroactive promotion and backpay for period June 21, 1977, to October 13, 1978, during which he was assigned as Acting Director, Directorate of Engineering and Housing. Since position was not formally estab- lished or classified as civilian General Schedule position until June 15, 1978, when claimant was temporarily promoted to newly classified position, he is not entitled to relief afforded under Turner-Caldwell decisions,- 55 Comp. Gen. 539 (1975), affirmed 56 Comp. 427 41977). (2) Matters relating to allegations of improper position classification, including alleged unreasonable delay in processing of position classifica- tion, are for employing agency and Office of Personnel Management. GAO has no authority to settle claims on any basis other than the agency or OPM classification, nor does GAO have authority to award backpay to an employee for period of erroneous classification of his position. See cases and regulations cited. This decision concerning Mr. Robert D. Warren, re- considers Settlement Certificate Z-2815613 dated August 1979, issued by our Claims Division, disallowing his claim for a retroactive temporary promotion and backpay for the period from June 21, 1977, through October 13, 1978, incident to his employment with the Department of the Army. 15, Ii 2-~$~7

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