B-104798, JANUARY 16, 1952, 31 COMP. GEN. 292

B-104798: Jan 16, 1952

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COMPENSATION - WITHIN-GRADE ADVANCEMENTS - WAITING PERIOD COMMENCEMENT - TEMPORARY ALLOCATION CHANGES AN EMPLOYEE WHOSE POSITION WAS TENTATIVELY ALLOCATED TO A HIGHER GRADE. LATER ALLOCATED BY THE CENTRAL OFFICE TO A LOWER GRADE AND AGAIN ALLOCATED FINALLY TO THE HIGHER GRADE AND WHO PERFORMED THE DUTIES OF THE GRADE MAY MAY HAVE THE WAITING PERIOD FOR HIS WITHIN-GRADE SALARY ADVANCEMENT COMPUTED FROM THE TIME OF THE TENTATIVE ALLOCATION. 1952: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5. KELLY WILL BE ENTITLED TO CREDIT TOWARD WITHIN-GRADE SALARY ADVANCEMENT. THERE WAS CONSIDERED THE SALARY RATE TO WHICH MR. KELLY WAS ENTITLED UNDER THE FOLLOWING FACTS: MR. KELLY WAS HOLDING A POSITION IN GS-6 AT THE VETERANS ADMINISTRATION HOSPITAL.

B-104798, JANUARY 16, 1952, 31 COMP. GEN. 292

COMPENSATION - WITHIN-GRADE ADVANCEMENTS - WAITING PERIOD COMMENCEMENT - TEMPORARY ALLOCATION CHANGES AN EMPLOYEE WHOSE POSITION WAS TENTATIVELY ALLOCATED TO A HIGHER GRADE, LATER ALLOCATED BY THE CENTRAL OFFICE TO A LOWER GRADE AND AGAIN ALLOCATED FINALLY TO THE HIGHER GRADE AND WHO PERFORMED THE DUTIES OF THE GRADE MAY MAY HAVE THE WAITING PERIOD FOR HIS WITHIN-GRADE SALARY ADVANCEMENT COMPUTED FROM THE TIME OF THE TENTATIVE ALLOCATION.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS AFFAIRS, JANUARY 16, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1952, REQUESTING DECISION WITH RESPECT TO THE DATE FROM WHICH MR. JOSEPH J. KELLY WILL BE ENTITLED TO CREDIT TOWARD WITHIN-GRADE SALARY ADVANCEMENT.

IN DECISION OF SEPTEMBER 5, 1951, B-104798, TO YOU, THERE WAS CONSIDERED THE SALARY RATE TO WHICH MR. KELLY WAS ENTITLED UNDER THE FOLLOWING FACTS: MR. KELLY WAS HOLDING A POSITION IN GS-6 AT THE VETERANS ADMINISTRATION HOSPITAL, KNOXVILLE, TENNESSEE, BUT ON JUNE 25, 1950, HE WAS TRANSFERRED TO A NEWLY ESTABLISHED HOSPITAL AT MINOT, NORTH DAKOTA, AND ASSIGNED TO A POSITION IN GS-7 AT A SALARY RATE OF $3,825, THE MINIMUM RATE OF THAT GRADE. THE POSITION WAS SUBSEQUENTLY ALLOCATED BY THE CENTRAL OFFICE TO GS-5 AND AGAIN ALLOCATED FINALLY TO GS-7, DECEMBER 7, 1950. IN THE DECISION IN QUESTION IT WAS HELD UPON THAT STATE OF FACTS:

THE REALLOCATIONS OF THE POSITION DOWNWARD TO GS-5 AND BACK TO GS 7CONSTITUTE MERELY CORRECTIONS OF THE INITIAL TENTATIVE ALLOCATION TO GS-7 RATHER THAN A DEMOTION AND PROMOTION BECAUSE THE EMPLOYEE HAS BEEN PERFORMING THE SAME DUTIES SINCE JUNE 25, 1950, AND HAD THE CENTRAL OFFICE APPROVED THE INITIAL TENTATIVE ALLOCATION THE EMPLOYEE'S SALARY RATE WOULD HAVE REMAINED AT THE MINIMUM OF THE GRADE OF $3,825 PER ANNUM.

THE EFFECT OF THE FOREGOING DECISION OF SEPTEMBER 5, 1951, IS TO ESTABLISH THE EMPLOYEE'S STATUS IN GS-7 AS OF THE DATE INITIALLY ALLOCATED IN THAT GRADE OR JUNE 25, 1950. AS THE SUBSEQUENT CHANGES IN ALLOCATION OF THE POSITION AND IN HIS SALARY RATE WERE ALL OF A TEMPORARY NATURE, THEY MAY BE DISREGARDED AND THE LAPSE OF TIME FOR SUBSEQUENT WITHIN-GRADE SALARY ADVANCES MAY BE COMPUTED FROM JUNE 25, 1950, 28 COMP. GEN. 730; 30 ID. 319.

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