B-154745, AUG. 23, 1966
Highlights
THE RECORD SHOWS THAT YOU WERE REEMPLOYED AT THE U.S. YOUR PAY WAS ADJUSTED TO PS-3. YOUR APPOINTMENT WAS CONVERTED TO AN INDEFINITE APPOINTMENT AND CONCURRENTLY YOU WERE PROMOTED TO PS 4. YOU CONTEND THAT YOUR SALARY SHOULD HAVE BEEN ESTABLISHED AT YOUR HIGHEST PREVIOUS RATE UPON YOUR CONVERSION AND PROMOTION ON NOVEMBER 2. ONE OF THE FOLLOWING WILL APPLY IN SETTING THE RATE OF PAY: "/1) THE EMPLOYEE MAY BE GIVEN STEP 1 "/2) HE MAY BE GIVEN ANY STEP WHICH DOES NOT EXCEED HIS HIGHEST PREVIOUS RATE. - ONE OF THE FOLLOWING WILL BE APPLIED IN SETTING THE RATE OF PAY: "/1) IF THE EMPLOYEE'S PRESENT RATE OF PAY FALLS BELOW STEP 1 OF THE PROPOSED RATING. HE WILL BE GIVEN THAT STEP. "/5) HE MAY BE GIVEN ANY STEP BEYOND STEP 1 OF THE PROPOSED RATING WHICH DOES NOT EXCEED HIS HIGHEST PREVIOUS RATE AS DEFINED IN NCPI 195.6-2.'.
B-154745, AUG. 23, 1966
TO MR. AGAPITO L. JANABAJAL:
THIS REFERS TO YOUR LETTER OF JULY 12, 1966, REQUESTING REVIEW OF OUR SETTLEMENT OF JANUARY 26, 1965, WHICH DISALLOWED YOUR CLAIM FOR RETROACTIVE ADJUSTMENT IN COMPENSATION AS AN EMPLOYEE OF THE U.S. NAVAL STATION, SUBIC BAY, PHILIPPINES.
THE RECORD SHOWS THAT YOU WERE REEMPLOYED AT THE U.S. NAVAL STATION, SUBIC BAY, ON JUNE 18, 1958, FOLLOWING YOUR SEPARATION BY REDUCTION IN FORCE FROM THE DEPARTMENT OF THE AIR FORCE ON JUNE 17, 1958. YOU RECEIVED A TEMPORARY APPOINTMENT AS FIREFIGHTER (GEN.), CPC-5, STEP 1 (1.43 PESOS PER HOUR). THE NOTIFICATION OF PERSONNEL ACTION, DATED JUNE 18, 1958, EFFECTING YOUR TEMPORARY APPOINTMENT, CONTAINS THE FOLLOWING STATEMENT: "EMPLOYEE AGREES TO BE PAID AT THE MINIMUM STEP OF THE GRADE.'
ON AUGUST 24, 1958, YOUR PAY WAS ADJUSTED TO PS-3, STEP 1 (1.51 PESOS PER HOUR). ON NOVEMBER 2, 1958, YOUR APPOINTMENT WAS CONVERTED TO AN INDEFINITE APPOINTMENT AND CONCURRENTLY YOU WERE PROMOTED TO PS 4, STEP 1 (1.78 PESOS PER HOUR). YOU CONTEND THAT YOUR SALARY SHOULD HAVE BEEN ESTABLISHED AT YOUR HIGHEST PREVIOUS RATE UPON YOUR CONVERSION AND PROMOTION ON NOVEMBER 2, 1958.
AT THE TIME OF YOUR REEMPLOYMENT ON JUNE 18, 1958, AND YOUR PROMOTION ON NOVEMBER 2, 1958, THE REGULATIONS OF THE DEPARTMENT OF THE NAVY PROVIDED, WITH RESPECT TO UNGRADED EMPLOYEES, AS OLLOWS:
"NCPI 195.6-5. REEMPLOYMENT
"A. ONE OF THE FOLLOWING WILL APPLY IN SETTING THE RATE OF PAY:
"/1) THE EMPLOYEE MAY BE GIVEN STEP 1
"/2) HE MAY BE GIVEN ANY STEP WHICH DOES NOT EXCEED HIS HIGHEST PREVIOUS RATE.
"NCPI 195.6-7 POSITION CHANGES
"A. PROMOTIONS--- ONE OF THE FOLLOWING WILL BE APPLIED IN SETTING THE RATE OF PAY:
"/1) IF THE EMPLOYEE'S PRESENT RATE OF PAY FALLS BELOW STEP 1 OF THE PROPOSED RATING, HE WILL BE GIVEN THAT STEP.
"/5) HE MAY BE GIVEN ANY STEP BEYOND STEP 1 OF THE PROPOSED RATING WHICH DOES NOT EXCEED HIS HIGHEST PREVIOUS RATE AS DEFINED IN NCPI 195.6-2.'
THE ABOVE-QUOTED REGULATIONS MERELY GRANTED DISCRETION TO ESTABLISH YOUR SALARY UPON YOUR REEMPLOYMENT AND SUBSEQUENT PROMOTION AT THE HIGHEST RATE PREVIOUSLY PAID TO YOU. THE REGULATIONS DID NOT REQUIRE THAT YOUR SALARY BE FIXED AT YOUR HIGHEST PREVIOUS RATE NOR DID THERE EXIST A MANDATORY ADMINISTRATIVE POLICY TO THAT EFFECT. ACCORDINGLY, SINCE WE ARE UNABLE TO FIND ANY VIOLATION OF A NONDISCRETIONARY POLICY OR REGULATION IN FIXING YOUR SALARY RATE UPON YOUR REEMPLOYMENT AND SUBSEQUENT PROMOTION, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.