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B-211691 1 (1983-07-18)

handle is hein.gao/gaobadlfh0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-211691 DATE: July 18, 1983 MATTER OF: Alan Scott Lutzer - Retroactive Promotion and Backpay DIGEST: 1. The promotion of an attorney-adviser from GS-13 to GS-14 was delayed 9 months by the Personnel Office's interpretation of a promotion mora- torium. The employee is not entitled to a retroactive promotion and backpay because the promotion was discretionary, the employee did not have a right to the promotion granted by statute or regulation, and there was no nondiscretionary policy, regulation, or agreement entitling him to the promotion. 2. The employee alleges discrimina- tion on the basis of disparate treatment of similarly situated employees among offices within the same Federal agency, as a result of differing interpretations of a promotion moratorium. Employee's claim on this basis is denied since there is no requirement that simi- larly situated employees be treated identically as to promotion actions. Mr. Alan Scott Lutzer, formerly an attorney-adviser in the Office of Special Counsel of the United States Department of Energy (DOE) in Houston, Texas, appeals the February 23, 1983, denial by our Claims Group of his claim for a retroactive promotion and backpay. STATEMENT OF THE ISSUES Mr. Lutzer raises two related issues on this appeal. First, Mr. Lutzer alleges that a knowing misinterpretation by the Dallas Personnel Office of a moratorium on promotions resulted in a 9-month delay in the granting to him of a n career ladder promotion. Further, Mr. Lutzer contends that the Dallas Personnel Office'discriminated / 01 / 9 1

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