B-140173, JUL. 30, 1959

B-140173: Jul 30, 1959

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE RECORD SHOWS THAT A REQUEST OR RECOMMENDATION (STANDARD FORM NO. 52) FOR YOUR PROMOTION WAS PREPARED ON APRIL 11. IT WAS DETERMINED THAT THE FORM HAD NOT BEEN RECEIVED IN THE CIVILIAN PERSONNEL OFFICE. A DUPLICATE FORM NO. 52 WAS FORWARDED ON MAY 21. EVEN THOUGH YOU HAD BEEN ON DETAIL OR OTHERWISE WERE PERFORMING THE DUTIES OF THE GS 12 POSITION OF JUNE 20. IT DOES NOT APPEAR THAT YOU ACQUIRED A VESTED RIGHT TO A SALARY ADJUSTMENT PRIOR TO THE DATE ON WHICH THE PROMOTION LEGALLY WAS EFFECTED. THE RULE IS WELL ESTABLISHED THAT MORE NOMINATIONS OR RECOMMENDATIONS BY SUPERVISORY OR PERSONNEL OFFICERS WHO ARE NOT VESTED WITH THE FINAL APPOINTING AUTHORITY DO NOT CONSTITUTE PROPER AUTHORITY FOR THE PAYMENT OF COMPENSATION.

B-140173, JUL. 30, 1959

TO MR. DAVID J. SAVORY:

YOUR LETTER OF APRIL 10, 1959, TRANSMITTED BY THE A.F.G.E. ON JUNE 24, 1959, TO US, REQUESTS THAT WE REVIEW OUR CLAIMS DIVISION SETTLEMENT OF DECEMBER 16, 1958, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION BELIEVED TO BE DUE YOU BECAUSE AN ALLEGED EXCESSIVE DELAY IN THE ADMINISTRATIVE PROCESSING OF YOUR PROMOTION FROM GS-11 TO GS-12 AS AN EMPLOYEE OF THE FRANKFORD ARSENAL, PHILADELPHIA 37, PENNSYLVANIA. SPECIFICALLY YOU REQUEST THAT A SPECIAL RULING BE MADE IN YOUR FAVOR (NOTWITHSTANDING THE SETTLEMENT) "TO EFFECT A FAIR ADJUSTMENT FOR THE LOSSES CURRED.'

THE RECORD SHOWS THAT A REQUEST OR RECOMMENDATION (STANDARD FORM NO. 52) FOR YOUR PROMOTION WAS PREPARED ON APRIL 11, 1958. SOME TIME LATER, UPON YOUR INQUIRY, IT WAS DETERMINED THAT THE FORM HAD NOT BEEN RECEIVED IN THE CIVILIAN PERSONNEL OFFICE, BUT A DUPLICATE FORM NO. 52 WAS FORWARDED ON MAY 21, 1958, AS ORDERED, THROUGH DIRECTED CHANNELS TO THE COMMANDING GENERAL WHO APPROVED THE PROMOTION ON JULY 10, 1958. THE RECORD SHOWS SOME PRELIMINARY ACTION TOWARD YOUR PROMOTION BEGAN SOME TIME PRIOR TO MAY 21, 1958. HOWEVER, AND EVEN THOUGH YOU HAD BEEN ON DETAIL OR OTHERWISE WERE PERFORMING THE DUTIES OF THE GS 12 POSITION OF JUNE 20, 1958, THE DATE OF ENACTMENT OF THE FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1958, 72 STAT. 203, WE KNOW OF NO AUTHORITY WHEREBY THE PROMOTION OR A SALARY ADJUSTMENT MAY BE MADE RETROACTIVE AS YOU SUGGEST. ALTHOUGH THE DELAY IN QUESTION OCCURRED THROUGH NO FAULT ON YOUR PART, IT DOES NOT APPEAR THAT YOU ACQUIRED A VESTED RIGHT TO A SALARY ADJUSTMENT PRIOR TO THE DATE ON WHICH THE PROMOTION LEGALLY WAS EFFECTED.

THE RULE IS WELL ESTABLISHED THAT MORE NOMINATIONS OR RECOMMENDATIONS BY SUPERVISORY OR PERSONNEL OFFICERS WHO ARE NOT VESTED WITH THE FINAL APPOINTING AUTHORITY DO NOT CONSTITUTE PROPER AUTHORITY FOR THE PAYMENT OF COMPENSATION. ADMINISTRATIVE PROMOTIONS UNDER DISCRETIONARY AUTHORITIES MAY NOT BE MADE RETROACTIVE. IN THE ABSENCE OF A PATENT ERROR IN A PERSONNEL ACTION UNDER A MANDATORY PROVISION OF LAW, OR OF CONTROLLING REGULATIONS, WE KNOW OF NO BASIS WHEREBY YOUR PROMOTION COULD LAWFULLY HAVE BECOME EFFECTIVE PRIOR TO JULY 6, 1958.

IN LIGHT OF THE FOREGOING COMMENTS, THE SETTLEMENT OF DECEMBER 16, 1958, MUST BE AND IS SUSTAINED.