B-139218, JUL. 20, 1966

B-139218: Jul 20, 1966

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YOU WERE DEMOTED AT YOUR OWN REQUEST FROM GENERAL TRANSPORTATION OFFICER. AT THAT TIME THE CHIEF OF YOUR DIVISION WAS MAJOR EDWARD B. YOUR APPOINTMENTS AS ASSISTANT TRANSPORTATION OFFICER AND TRANSPORTATION AGENT WERE RESCINDED AND UNDER THE SAME ORDER YOU WERE APPOINTED ACTING CHIEF OF THE TRANSPORTATION DIVISION AND CONTRACTING OFFICER. YOUR APPOINTMENT OR DESIGNATION AS ACTING CHIEF WAS DUE TO THE RELEASE OF MAJOR SMITH. YOUR APPOINTMENT AS ACTING CHIEF OF THE TRANSPORTATION DIVISION WAS RESCINDED AND CAPTAIN BEN H. YORK WAS APPOINTED AS TRANSPORTATION OFFICER. YOU WERE DEMOTED FROM SUPERVISORY FREIGHT TRAFFIC OFFICER. YOU WERE RESTORED TO SUPERVISORY FREIGHT TRAFFIC OFFICER. THE INDUSTRIAL RELATIONS OFFICE OF THE MEMPHIS DEPOT NOTIFIED YOU THAT YOUR POSITION WAS TO BE ABOLISHED EFFECTIVE JULY 2.

B-139218, JUL. 20, 1966

TO MR. HOWARD C. SMILEY:

THIS REFERS TO YOUR UNDATED LETTER AND ENCLOSURES, RECEIVED HERE ON JUNE 7, 1966, REQUESTING REVIEW OF OUR SETTLEMENT OF MARCH 18, 1966, WHICH DISALLOWED YOUR CLAIM FOR RETROACTIVE ADJUSTMENT IN COMPENSATION AS AN EMPLOYEE OF THE DEFENSE DEPOT MEMPHIS, DEFENSE SUPPLY AGENCY, FORMERLY THE MEMPHIS GENERAL DEPOT, DEPARTMENT OF THE ARMY.

THE RECORD SHOWS THAT BY NOTIFICATION OF PERSONNEL ACTION (HEREINAFTER REFERRED TO AS STANDARD FORM 50) DATED DECEMBER 3, 1956, YOU WERE DEMOTED AT YOUR OWN REQUEST FROM GENERAL TRANSPORTATION OFFICER, GRADE GS-11, STEP 1, TO SUPERVISORY FREIGHT TRAFFIC OFFICER, GRADE GS-9, STEP 7, EFFECTIVE DECEMBER 9, 1956. AS SUPERVISORY FREIGHT TRAFFIC OFFICER, YOUR MAJOR DUTIES INVOLVED SERVING AS ASSISTANT CHIEF OF THE DEPOT TRANSPORTATION DIVISION. YOU ALSO HAD RESPONSIBILITY TO SERVE AS THE ACTING CHIEF OF THE TRANSPORTATION DIVISION IN THE ABSENCE OF THE DIVISION CHIEF.

ON DECEMBER 21, 1956, YOUR ADMINISTRATIVE OFFICE ISSUED SPECIAL ORDERS NO. 95 APPOINTING YOU TO ACT AS ASSISTANT TRANSPORTATION OFFICER AND TRANSPORTATION AGENT. AT THAT TIME THE CHIEF OF YOUR DIVISION WAS MAJOR EDWARD B. SMITH. BY SPECIAL ORDERS NO. 53, DATED JULY 23, 1957, YOUR APPOINTMENTS AS ASSISTANT TRANSPORTATION OFFICER AND TRANSPORTATION AGENT WERE RESCINDED AND UNDER THE SAME ORDER YOU WERE APPOINTED ACTING CHIEF OF THE TRANSPORTATION DIVISION AND CONTRACTING OFFICER, EFFECTIVE AUGUST 1, 1957. YOUR APPOINTMENT OR DESIGNATION AS ACTING CHIEF WAS DUE TO THE RELEASE OF MAJOR SMITH. HOWEVER, YOU CONTINUED TO HOLD THE POSITION OF SUPERVISORY FREIGHT TRAFFIC OFFICER, GRADE GS-9, STEP 7. BY SPECIAL ORDERS NO. 46, DATED JULY 2, 1958, YOUR APPOINTMENT AS ACTING CHIEF OF THE TRANSPORTATION DIVISION WAS RESCINDED AND CAPTAIN BEN H. YORK WAS APPOINTED AS TRANSPORTATION OFFICER.

EFFECTIVE APRIL 12, 1959, YOU WERE DEMOTED FROM SUPERVISORY FREIGHT TRAFFIC OFFICER, GRADE GS-9, STEP 7, TO ADMINISTRATIVE ASSISTANT, GRADE GS -7, WITH SALARY RETENTION AT GRADE GS-9, STEP 7 (STANDARD FORM 50, DATED APRIL 10, 1959). YOU APPEALED THIS ADVERSE ACTION TO THE CIVIL SERVICE COMMISSION (FIFTH REGION) WHICH BY DECISION DATED MAY 6, 1960, ORDERED THAT YOU BE RESTORED TO YOUR FORMER POSITION RETROACTIVE TO THE DATE OF YOUR DEMOTION. BY STANDARD FORM 50, DATED MAY 10, 1960, YOU WERE RESTORED TO SUPERVISORY FREIGHT TRAFFIC OFFICER, GRADE GS-9, STEP 7, EFFECTIVE APRIL 12, 1959.

ON MAY 20, 1960, THE INDUSTRIAL RELATIONS OFFICE OF THE MEMPHIS DEPOT NOTIFIED YOU THAT YOUR POSITION WAS TO BE ABOLISHED EFFECTIVE JULY 2, 1960. IN A SECOND LETTER OF THE SAME DATE YOU WERE ADVISED THAT A VACANT POSITION EXISTED AS TRANSPORTATION SPECIALIST, GRADE GS 8, WHICH YOU COULD ASSUME ON JULY 3, 1960. BY STANDARD FORM 50, DATED JUNE 30, 1960, YOU WERE DEMOTED EFFECTIVE JULY 3, 1960, TO THE POSITION OF TRANSPORTATION SPECIALIST, GRADE GS-8, WITH SALARY RETENTION BENEFITS. ON AUGUST 14, 1960, YOU WERE PROMOTED TO ADMINISTRATIVE OFFICER, GRADE GS-9, STEP 7 (STANDARD FORM 50, DATED AUGUST 10, 1960).

YOU APPEALED THE REDUCTION IN FORCE ACTION OF JULY 3, 1960, TO THE CIVIL SERVICE COMMISSION, WHICH FOUND THAT YOU SHOULD HAVE BEEN OFFERED THE POSITION OF ADMINISTRATIVE OFFICER, GRADE GS-9, RATHER THAN TRANSPORTATION SPECIALIST, GRADE GS-8, UPON YOUR REDUCTION IN FORCE. BY DECISION OF AUGUST 30, 1960, THE CIVIL SERVICE COMMISSION (FIFTH REGION) ORDERED THAT YOU BE REASSIGNED TO THE POSITION OF ADMINISTRATIVE OFFICER RETROACTIVE TO THE DATE OF YOUR REDUCTION. IN ACCORDANCE WITH THAT DECISION YOU WERE REASSIGNED TO THE POSITION OF ADMINISTRATIVE OFFICER, GRADE GS-9, STEP 7, EFFECTIVE JULY 3, 1960 (STANDARD FORM 50, DATED SEPTEMBER 9, 1960).

BASED ON THE FACTS SET FORTH ABOVE, YOU CONTEND THAT DURING THE PERIOD AUGUST 1, 1957, TO JULY 3, 1960, YOU PERFORMED THE DUTIES OF TRANSPORTATION OFFICER WHICH SHOULD HAVE ENTITLED YOU TO COMPENSATION AT THE RATE OF GRADE GS-12. ADDITIONALLY, YOU CONTEND THAT HAD YOU BEEN PROMOTED TO GRADE GS-12 ON AUGUST 1, 1957 (WHICH WAS THE EFFECTIVE DATE OF YOUR APPOINTMENT AS ACTING CHIEF OF THE TRANSPORTATION DIVISION, PER SPECIAL ORDERS NO. 53) YOU SUBSEQUENTLY WOULD HAVE BEEN ELIGIBLE FOR A PROMOTION TO GRADE GS-13. THEREFORE, YOU REQUEST THAT YOUR SALARY BE ADJUSTED RETROACTIVELY FOR THE PERIOD AUGUST 1, 1957, TO THE PRESENT DATE.

WE HAVE THOROUGHLY EXAMINED THE FILE IN YOUR CASE AND WE FAIL TO FIND ANY EVIDENCE OF YOUR BEING APPOINTED TO THE POSITION OF TRANSPORTATION OFFICER WHICH WE ASSUME CARRIED A GRADE GS-12 CLASSIFICATION DURING THE PERIOD UNDER CONSIDERATION. ON THE CONTRARY, THE OFFICIAL RECORDS SHOW THAT FROM DECEMBER 9, 1956, TO JULY 3, 1960 (TAKING INTO CONSIDERATION THE FACT THAT YOUR DEMOTION ON APRIL 12, 1959, WAS LATER CANCELED) YOU HELD THE POSITION OF SUPERVISORY FREIGHT TRAFFIC OFFICER, GRADE GS-9, STEP 7. THE FACT THAT YOU MAY HAVE PERFORMED THE DUTIES OF A TRANSPORTATION OFFICER FOR APPROXIMATELY ONE YEAR UNDER A DESIGNATION AS ACTING TRANSPORTATION OFFICER DOES NOT ENTITLE YOU TO THE SALARY SPECIFIED FOR THE POSITION OF TRANSPORTATION OFFICER. WHETHER OR NOT YOU SHOULD HAVE BEEN APPOINTED TO GRADE GS-12 IS NOT A MATTER WITHIN THE JURISDICTION OF THIS OFFICE BUT IS FOR THE CONSIDERATION OF YOUR ADMINISTRATIVE OFFICE AND THE CIVIL SERVICE COMMISSION.

THE RULE IS WELL ESTABLISHED THAT THE PERFORMANCE OF DUTIES OF A HIGHER CLASSIFICATION THAN THAT TO WHICH THE EMPLOYEE IS OFFICIALLY ASSIGNED DOES NOT, IN ITSELF, EFFECT A CHANGE IN CLASSIFICATION NOR DOES IT ENTITLE THE EMPLOYEE TO ADDITIONAL COMPENSATION FOR THE DUTIES PERFORMED. A FEDERAL EMPLOYEE IS ENTITLED ONLY TO THE COMPENSATION OF THE POSITION TO WHICH HE PROPERLY IS APPOINTED, REGARDLESS OF THE DUTIES AND RESPONSIBILITIES ASSIGNED TO HIM. SEE COLEMAN V. UNITED STATES, 100 CT.CL. 41; UNITED STATES V. MCLEAN, 95 U.S. 750; 15 COMP. GEN. 593; 6 ID. 133.

OUR DECISION OF JULY 6, 1965, B-50602, WHICH WAS CITED BY YOU, INVOLVED THE QUESTION OF WHETHER AN EMPLOYEE WHO WAS DEMOTED FROM GRADE GS-14, STEP 4, TO GRADE GS-13, STEP 10, WAS ENTITLED TO RETAIN THE HIGHER GS-13 SALARY WHICH HE RECEIVED BETWEEN THE DATE OF HIS DEMOTION AND THE DATE OF HIS RETROACTIVE RESTORATION TO HIS FORMER GRADE. OUR DECISION HELD ONLY THAT THERE IS NO REQUIREMENT TO COLLECT FROM AN EMPLOYEE AN AMOUNT EARNED DURING A PERIOD OF IMPROPER DEMOTION IN EXCESS OF THE RETROACTIVE COMPENSATION OTHERWISE DUE. THAT DECISION IS NOT APPLICABLE TO THE FACTS OF YOUR CASE.

AS STATED ABOVE, THERE IS NO EVIDENCE SHOWING THAT YOU WERE OFFICIALLY APPOINTED TO A POSITION IN GRADE GS-12 DURING THE PERIOD OF YOUR CLAIM. THEREFORE, IN ACCORDANCE WITH THE RULE EXPRESSED ABOVE, THERE IS NO BASIS TO ADJUST YOUR COMPENSATION FOR THE PERIOD IN QUESTION.