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Claim for Retroactive Promotion and Backpay

B-194743 Sep 14, 1979
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Highlights

An employee appealed a decision in which his claim for a retroactive promotion and backpay was denied. He claimed that errors were made in the settlement, and questioned whether certain agency employees were interviewed in connection with the adjudication of his claim. The employee did not submit additional evidence to support his claim, nor did he set forth the errors he believed were made. GAO reviewed all the documentation and found no basis upon which to overturn the previous decision. GAO does not conduct hearings or interview witnesses; all claims are considered on the basis of the written record only, with the burden of proof on the claimants to establish the liability of the United States and the claimants' right to payment. The employee also questioned whether it was proper for the Federal Employee Appeals Authority of the United States Civil Service Commission (now the Merit Systems Protection Board (MSPB)) to refuse consideration of his grievance alleging merit promotion violations by his agency. It is not within the jurisdiction of GAO to determine whether an action may be reviewed by the MSPB. The earlier decision denying the employee's claim was sustained.

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