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B-160259, NOV. 17, 1966

B-160259 Nov 17, 1966
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DANTZSCHER: THIS IS IN REPLY TO YOUR LETTER OF NOVEMBER 5. WHILE YOU WERE AN EMPLOYEE OF THE MARITIME ADMINISTRATION. YOU STATE THAT THERE WAS A WILLFUL VIOLATION OF SECTION 5 OF MARITIME ADMINISTRATION ORDER NO. 202-770 BY THE MARITIME ADMINISTRATOR IN THAT HE RETAINED YOUR GRIEVANCE APPEAL (UPON WHICH HE DID NOT HAVE AUTHORITY TO ACT) FOR AN UNSPECIFIED PERIOD INSTEAD OF TRANSMITTING IT PROMPTLY TO THE ASSISTANT SECRETARY FOR ADMINISTRATION FOR DETERMINATION UNDER SECTION 5.023 OF THE ORDER. FOR YOUR INFORMATION THE CORRESPONDENCE FROM THE DEPARTMENT OF COMMERCE FAILS TO INDICATE THERE WAS ANY WILLFUL VIOLATION OF SUCH ORDER ON THE PART OF THE ADMINISTRATOR. WHILE YOU URGE THAT YOU ARE ENTITLED TO THE INCREASED COMPENSATION FOR THE PERIOD IN QUESTION BECAUSE YOUR PROMOTION WAS HELD UP DUE TO ADMINISTRATIVE DELAY NEVERTHELESS A PROMOTION CAN ONLY BE MADE EFFECTIVE FROM THE DATE OF THE ADMINISTRATIVE ACTION AUTHORIZING IT. 35 COMP.

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B-160259, NOV. 17, 1966

TO MR. BARRY C. DANTZSCHER:

THIS IS IN REPLY TO YOUR LETTER OF NOVEMBER 5, 1966, APPEALING FROM OUR DECISION OF OCTOBER 31, 1966, DENYING YOUR CLAIM FOR THE DIFFERENCE IN COMPENSATION BETWEEN GRADE GS-9, STEP 1, AND GRADE GS-7, STEP 2, BETWEEN MAY 3, 1966, AND JULY 17, 1966, WHILE YOU WERE AN EMPLOYEE OF THE MARITIME ADMINISTRATION.

YOU STATE THAT THERE WAS A WILLFUL VIOLATION OF SECTION 5 OF MARITIME ADMINISTRATION ORDER NO. 202-770 BY THE MARITIME ADMINISTRATOR IN THAT HE RETAINED YOUR GRIEVANCE APPEAL (UPON WHICH HE DID NOT HAVE AUTHORITY TO ACT) FOR AN UNSPECIFIED PERIOD INSTEAD OF TRANSMITTING IT PROMPTLY TO THE ASSISTANT SECRETARY FOR ADMINISTRATION FOR DETERMINATION UNDER SECTION 5.023 OF THE ORDER. FOR YOUR INFORMATION THE CORRESPONDENCE FROM THE DEPARTMENT OF COMMERCE FAILS TO INDICATE THERE WAS ANY WILLFUL VIOLATION OF SUCH ORDER ON THE PART OF THE ADMINISTRATOR, MARITIME ADMINISTRATION.

WHILE YOU URGE THAT YOU ARE ENTITLED TO THE INCREASED COMPENSATION FOR THE PERIOD IN QUESTION BECAUSE YOUR PROMOTION WAS HELD UP DUE TO ADMINISTRATIVE DELAY NEVERTHELESS A PROMOTION CAN ONLY BE MADE EFFECTIVE FROM THE DATE OF THE ADMINISTRATIVE ACTION AUTHORIZING IT. 35 COMP. GEN. 153; 40 ID. 207. ENTITLEMENT TO COMPENSATION AT GS GRADE 9 RATE AROSE IN YOUR CASE WHEN YOU ACTUALLY RECEIVED AN APPOINTMENT IN THAT GRADE. THE FACT THAT ADMINISTRATIVE REGULATIONS MAY NOT HAVE BEEN FOLLOWED WHICH RESULTED IN A DELAY IN PROCESSING YOUR PROMOTION IS IMMATERIAL.

FOR THE REASONS SET FORTH ABOVE OUR PRIOR DECISION DENYING YOUR CLAIM MUST BE SUSTAINED.

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