Claim for Retroactive Salary Adjustment Resulting From Disparity Between Appointment Grade and Job Description

An employee appealed a settlement denying his claim for a retroactive salary adjustment. Although the employee accepted an appointment to a grade GS-9, when he entered on duty he was given a job description for grade GS-11 position and was advised by the agency that he was to perform those duties. The agency intended to fill the position at the GS-9 level to provide training and job familiarization. During the initial year, the agency stated that the employee did not perform at the GS-11 level, and the employee was promoted to a GS-11 position after 1 year. The appointment at the GS-9 level was not an unjustified or unwarranted personnel action and, therefore, the backpay claim for a retroactive adjustment of salary was properly denied.