Claim for Retroactive Promotion

An advance decision was requested on a claim for a retroactive promotion by a computer aide. The GS-4 computer aide filed an application for the position of an accounting technician, GS-4 or GS-5. The personnel specialist determined that she met the qualification requirements for the GS-4 level, and she was selected and reassigned to that position. Subsequently, she was notified that she would have to serve a minimum of 6 months to qualify for a promotion to the GS-5 level. Her dispute of this determination caused a review of her qualifications, and it was found that she should have been referred for consideration as an accounting technician, GS-5. She was then promoted to a grade GS-5. The employee requested that her promotion to grade GS-5 be made retroactive to the date she was reassigned to the position of accounting technician, and that she be paid based on the difference in salary. Granting of promotions from grade to grade is a discretionary matter within the province of the agency involved. Absent a law, regulation, or policy which mandated promotion within a particular timeframe or under specific conditions, a promotion may be made retroactive only on the basis of a clerical or administrative error. There was nothing in the record to indicate that the employee's promotion was nondiscretionary. The error in evaluating the employee's qualifications was not the type of error which would support the granting of a retroactive promotion. It occurred prior to approval of her promotion and did not prevent the promotion from taking effect as originally intended. Accordingly, GAO held that the promotion could not be effected retroactively.