B-144124, JAN. 26, 1961

B-144124: Jan 26, 1961

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THE RECORD SHOWS YOU FORMERLY WERE EMPLOYED AT THE ROME ARMY AIR FIELD. YOU WERE REINSTATED AT THE TOBYHANNA SIGNAL DEPOT. THE COMPENSATION RATE YOU RECEIVED UPON YOUR REINSTATEMENT WAS BELOW YOUR PREVIOUS HIGHEST RATE RECEIVED IN GRADE WB-12. YOU SAY YOU WERE VERBALLY ADVISED AT THE TIME OF YOUR APPOINTMENT THAT AN ADJUSTMENT OF YOUR COMPENSATION RATE WOULD BE CONSIDERED UPON RECEIPT AND VERIFICATION OF A RECORD OF YOUR PRIOR SERVICE TO JUSTIFY SUCH ACTION. AT THE TIME THE ACTION IS EFFECTED. IF DECISION IS MADE TO AFFORD AN EMPLOYEE THE BENEFIT OF A FORMER RATE OF PAY. IT IS NOT POSSIBLE TO OBTAIN VERIFICATION OF THAT RATE PRIOR TO EFFECTING THE ACTION. OBSERVANCE OF THIS PROCEDURE WILL PROVIDE A BASIS FOR RETROACTIVE ADJUSTMENT OF THE PAY RATE THROUGH ISSUANCE OF A CORRECTION STANDARD FORM 50 AS PROVIDED IN CPR R1.2- 4.

B-144124, JAN. 26, 1961

TO MR. RAPHAEL P. BIANCO:

ON NOVEMBER 17, 1960, MR. H. V. PRATER, DIRECTOR, EMPLOYEE RELATIONS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, REQUESTED, IN YOUR BEHALF, RECONSIDERATION OF OUR SETTLEMENT OF NOVEMBER 1, 1960, WHICH DISALLOWED YOUR CLAIM FOR RETROACTIVE UPWARD ADJUSTMENT OF SALARY AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

THE RECORD SHOWS YOU FORMERLY WERE EMPLOYED AT THE ROME ARMY AIR FIELD, ROME, NEW YORK, AND YOU RESIGNED FROM YOUR POSITION AS CARPENTER, GRADE 12, STEP 6, $1.20 PER HOUR ON SEPTEMBER 13, 1946, BECAUSE OF AN IMMINENT RECLASSIFICATION AND REDUCTION IN COMPENSATION AT THAT INSTALLATION. YOU WERE REINSTATED AT THE TOBYHANNA SIGNAL DEPOT, TOBYHANNA, PENNSYLVANIA, ON NOVEMBER 16, 1956, AS A FILE CLERK, GS-2, AT THE MINIMUM STEP OF THAT GRADE. THE COMPENSATION RATE YOU RECEIVED UPON YOUR REINSTATEMENT WAS BELOW YOUR PREVIOUS HIGHEST RATE RECEIVED IN GRADE WB-12, STEP 6, AND YOU SAY YOU WERE VERBALLY ADVISED AT THE TIME OF YOUR APPOINTMENT THAT AN ADJUSTMENT OF YOUR COMPENSATION RATE WOULD BE CONSIDERED UPON RECEIPT AND VERIFICATION OF A RECORD OF YOUR PRIOR SERVICE TO JUSTIFY SUCH ACTION.

CIVILIAN PERSONNEL REGULATIONS CPR P3.1-6, IN EFFECT AT THE TIME OF YOUR REINSTATEMENT READS AS FOLLOWS:

"THE SPECIFIC RATE OF PAY MUST BE DECIDED UPON IN EACH INDIVIDUAL CASE, EITHER BY UNCONDITIONAL DECISION OR BY TENTATIVE DECISION, AT THE TIME THE ACTION IS EFFECTED. IF DECISION IS MADE TO AFFORD AN EMPLOYEE THE BENEFIT OF A FORMER RATE OF PAY, BUT IT IS NOT POSSIBLE TO OBTAIN VERIFICATION OF THAT RATE PRIOR TO EFFECTING THE ACTION, THE ACTION MAY BE PROCESSED AT THE MINIMUM STEP RATE OF THE GRADE, SUBJECT TO UPWARD ADJUSTMENT. IN SUCH CASES, A STATEMENT TO THAT EFFECT MUST BE RECORDED ON THE STANDARD FORM 50 (NOTIFICATION OF PERSONNEL ACTION) (TABLE IV, CPR R1). OBSERVANCE OF THIS PROCEDURE WILL PROVIDE A BASIS FOR RETROACTIVE ADJUSTMENT OF THE PAY RATE THROUGH ISSUANCE OF A CORRECTION STANDARD FORM 50 AS PROVIDED IN CPR R1.2- 4. FAILURE TO PLACE A QUALIFYING STATEMENT ON THE STANDARD FORM 50 EFFECTING THE ORIGINAL ACTION WILL PRECLUDE ADJUSTMENT UNTIL SUCH TIME AS ANOTHER PERSONNEL ACTION IS EFFECTED, UNLESS THERE IS OTHER ANTEDATED DOCUMENTARY EVIDENCE WHICH SHOWS THE INTENT OF THE APPOINTING OFFICER TO PAY THE HIGHER RATE TO THE INDIVIDUAL EMPLOYEE CONCERNED.'

THE RECORD SHOWS NO QUALIFYING STATEMENT AS REQUIRED BY CPR P3.1-6 WAS INCLUDED ON YOUR STANDARD FORM 50 BY THE APPOINTING OFFICIAL TO AFFORD YOU A BASIS FOR RETROACTIVE ADJUSTMENT OF YOUR PAY RATE THROUGH ISSUANCE OF A CORRECTION FORM 50 AS PROVIDED BY CPR R1.2-4 TO A RATE ABOVE THAT FIXED AT THE TIME OF YOUR REINSTATEMENT; NEITHER IS THERE OTHER ANTEDATED DOCUMENTARY EVIDENCE TO SHOW AN INTENTION TO ADJUST THE COMPENSATION RATE FIXED AT THE TIME OF THE ORIGINAL APPOINTMENT ACTION UPON VERIFICATION OF A FORMER HIGHER RATE RECEIVED BY YOU IN THE GOVERNMENT SERVICE.

THE RECORD FURTHER SHOWS YOU RECEIVED PROMOTIONS ON JUNE 2, 1957, AND JULY 27, 1958. ALTHOUGH UNDER THE ABOVE-QUOTED REGULATIONS CONSIDERATION COULD HAVE BEEN GIVEN TO INCREASING YOUR SALARY RATE, PROSPECTIVELY, AT THOSE TIMES THERE IS NO EVIDENCE TO SHOW THAT YOU QUESTIONED THE RATES FIXED AT THE TIMES OF YOUR PROMOTIONS OR THAT ANY TIMELY ADMINISTRATIVE CONSIDERATION WAS GIVEN TO FIXING RATES OTHER THAN THOSE FORMALLY PRESCRIBED.

ALTHOUGH THE LETTER OF JANUARY 26, 1960, FROM THE EXECUTIVE OFFICER OF THE DEPOT TO THE CHIEF SIGNAL OFFICER REFERRED TO IN LETTER OF NOVEMBER 17, 1960, RECEIVED IN YOUR BEHALF FROM MR. PRATER, SAYS THE STATEMENT RELATING TO A SUBSEQUENT ADJUSTMENT OF COMPENSATION UPON VERIFICATION OF YOUR PRIOR SALARY RATES WAS ERRONEOUSLY OMITTED FROM FORM 50 BY THE PERSONNEL OFFICE, THAT OFFICER ALSO SAYS YOUR CONTENTION THAT YOU WERE ADVISED VERBALLY AT THAT TIME THAT AN ADJUSTMENT WOULD BE MADE UPON RECEIPT OF THE RECORD CANNOT BE VERIFIED OR DENIED.

IN THE CIRCUMSTANCES, THERE IS NO AUTHORITY UNDER THE REGULATION CITED TO RETROACTIVELY ADJUST YOUR SALARY RATE AT THIS TIME.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL COMPENSATION WAS PROPER, AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.