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B-209114 1 (1983-06-14)

handle is hein.gao/gaobadldo0001 and id is 1 raw text is: Va / r THI COMPTROLLER GENERAL DECIBION f OF THE UNITED STATES ,t,9,WASHINGTON ,0, 20540 FILE: B-209114 DATE,, June p,1983 MATTER OF: James E. Allen DIGEST; An employee of ACTION who was a former Poretgn Service officer class 4, step 5 was reappointed in the Foreign Service by AID at .class 4, step 7 after having executed document indicating he waived appointment at class 3, step 7. AID regu- lations for deterrining an individual's personal class and initial pay rate upon appointment provided for reappointment at the class and step previously held in Fhe Foreign Service. Adjustment in class and step is permitted based upon qualifica- tions at the titie of reappointmenQ, but these 'regulations do not entitle the Individual to a class and step higher than that pteviously held. Thus, employee's assignment to class 4, step 7 was author- ized without regard to his execution of a waiver, and hts claim for backpay based on the higher clase and step is denied. By letter of September 7, 1982, Mr. James E. Allen appealed the adverse det.tmination by our Claims Group, AFMD, in Settlement Certificate No. Z-2833837, issued July 26, 198?. Mr. Allen's claim is for a retroactive appointment as a Foreign Iervice Reserve officer in class 3, with pay at the step 7 rate, together with backpay for the difference in calary between that and class 4, step 7 which he held from July 2, 1978, until Novnmber 15, 1930. The Claims Group's denial of Mr. Allen's claim is sustained. o STATEMENT OF FACTS :n 1977, Mc*. Allen, who hal formerly held an FSR 4, step 5 position with the Agency for International Deve)opment (AID) and who was then an employee of ACTION, applied for reappointment with AID as an accountant in an overseas position. On June 16, 1977, a personnel staffing specialiscr at AID wrote to Mr. Allen stating that under AID regulations he must be employed at the FSR 3/7 level which

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