B-160728, MAR. 1, 1967

B-160728: Mar 1, 1967

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YOU SAY THAT THE PROMOTION OF MISS WOOD WAS INADVERTENTLY MADE EFFECTIVE NOVEMBER 6. SINCE MISS WOOD WAS SCHEDULED TO RECEIVE ON NOVEMBER 20. WILL RESULT IN A MONETARY LOSS TO HER. THE FACTS IN THE RECORD ARE AS FOLLOWS: THE SELECTING OFFICIAL SUBMITTED A REQUEST FOR PERSONNEL ACTION. MISS WOOD WAS SELECTED FOR THE POSITION ON OCTOBER 27. THIS DATE WAS AGREED UPON BY BOTH PARTIES. WAS THEN COMPLETED SHOWING AN EFFECTIVE DATE OF NOVEMBER 6. THE SECTION WAS UNDER CONSIDERABLE PRESSURE TO COMPLETE A LARGE VOLUME OF WORK AND THAT THE EMPLOYEE WHO RECEIVED THE CALL WAS STRIVING TO COMPLETE HER WORK IN ORDER TO BEGIN SOME PREVIOUSLY APPROVED LEAVE THE FOLLOWING DAY. THE AGREEMENT APPARENTLY WAS FORGOTTEN BY THE EMPLOYEE WHO WAS IN A HURRY AND THE ACTION WAS.

B-160728, MAR. 1, 1967

TO AUTHORIZED CERTIFYING OFFICER:

THIS REFERS TO YOUR LETTER OF JANUARY 11, 1967, WITH ENCLOSURES, REFERENCE FA40, FORWARDED HERE BY LETTER OF JANUARY 16, 1967, REFERENCE NCFS-321, FROM THE OFFICE OF THE COMPTROLLER OF THE NAVY, REQUESTING AN ADVANCE DECISION CONCERNING THE PROPRIETY OF CHANGING THE EFFECTIVE DATE OF MISS RUBY S. WOOD'S PROMOTION FROM NOVEMBER 6, 1966, TO NOVEMBER 20, 1966, AND CERTIFYING FOR PAYMENT A VOUCHER IN FAVOR OF MISS WOOD IN THE AMOUNT OF $4.80.

THE VOUCHER COVERS AN AMOUNT DUE MISS WOOD FOR ADJUSTMENT IN SALARY FOR THE PERIOD NOVEMBER 6 THROUGH DECEMBER 31, 1966, AS A RESULT OF THE ADMINISTRATIVE ACTION IN CHANGING THE DATE OF HER PROMOTION FROM NOVEMBER 6 TO NOVEMBER 20, 1966. YOU SAY THAT THE PROMOTION OF MISS WOOD WAS INADVERTENTLY MADE EFFECTIVE NOVEMBER 6, 1966, THE FIRST PAY PERIOD FOLLOWING THE SELECTION ACTION RATHER THAN NOVEMBER 20, 1966, THE DATE REQUESTED BY HER SUPERVISOR. SINCE MISS WOOD WAS SCHEDULED TO RECEIVE ON NOVEMBER 20, 1966, A WITHIN-GRADE PROMOTION TO STEP 8 OF GRADE GS-5 UPON COMPLETION OF THE REQUIRED THREE-YEAR WAITING PERIOD, THE PROMOTION ON NOVEMBER 6, 1966, WILL RESULT IN A MONETARY LOSS TO HER.

THE FACTS IN THE RECORD ARE AS FOLLOWS: THE SELECTING OFFICIAL SUBMITTED A REQUEST FOR PERSONNEL ACTION, DATED SEPTEMBER 1966, REQUESTING THAT THE VACANCY BE FILLED AS SOON AS POSSIBLE. MISS WOOD WAS SELECTED FOR THE POSITION ON OCTOBER 27, 1966. HER DIVISION'S MANAGEMENT ASSISTANT'S OFFICE THEN CONTACTED THE BUREAU'S CIVILIAN PERSONNEL EMPLOYMENT SECTION AND REQUESTED THE EFFECTIVE DATE OF PROMOTION BE MADE NOVEMBER 20, 1966. THIS DATE WAS AGREED UPON BY BOTH PARTIES. HOWEVER, THE PERSONNEL ACTION REQUEST, STANDARD FORM 52, WAS THEN COMPLETED SHOWING AN EFFECTIVE DATE OF NOVEMBER 6. THE SUPERVISOR OF THE EMPLOYMENT SECTION INDICATES THAT, AT THE TIME, THE SECTION WAS UNDER CONSIDERABLE PRESSURE TO COMPLETE A LARGE VOLUME OF WORK AND THAT THE EMPLOYEE WHO RECEIVED THE CALL WAS STRIVING TO COMPLETE HER WORK IN ORDER TO BEGIN SOME PREVIOUSLY APPROVED LEAVE THE FOLLOWING DAY. THE AGREEMENT APPARENTLY WAS FORGOTTEN BY THE EMPLOYEE WHO WAS IN A HURRY AND THE ACTION WAS, THEREFORE, EXECUTED AS OF NOVEMBER 6, 1966. IF THE VERBAL REQUEST FOR DELAY HAD BEEN RECORDED IN THE EMPLOYMENT OFFICE THE PROMOTION OF MISS WOOD WOULD HAVE BEEN DELAYED AS REQUESTED.

IT HAS LONG BEEN THE RULE OF OUR OFFICE THAT A PERSONNEL ACTION MAY NOT BE MADE RETROACTIVELY EFFECTIVE SO AS TO INCREASE THE RIGHT OF AN EMPLOYEE TO COMPENSATION. 40 COMP. GEN. 207. EXCEPTIONS HAVE BEEN MADE TO THIS RULE WHERE THROUGH BONA FIDE ADMINISTRATIVE ERROR A PERSONNEL ACTION WAS NOT EFFECTED AS INTENDED. SEE 31 COMP. GEN. 15; 34 ID. 380.

IT APPEARS FROM THE RECORD THAT THE PROCESSING OF MISS WOOD'S PROMOTION EFFECTIVE NOVEMBER 6 RATHER THAN ON NOVEMBER 20 WAS CONTRARY TO THE INTENTION OF THE ADMINISTRATIVE OFFICE AND WAS THE RESULT OF A BONA FIDE ERROR. THEREFORE, THE NECESSARY ACTION MAY BE TAKEN TO CHANGE THE DATE OF MISS WOOD'S PROMOTION FROM NOVEMBER 6 TO NOVEMBER 20, 1966, AND THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.