B-165125, OCT. 28, 1968

B-165125: Oct 28, 1968

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WATTS: REFERENCE IS MADE TO OUR LETTER OF SEPTEMBER 19. IT IS EVIDENT FROM THE INFORMATION NOW BEFORE THIS OFFICE THAT MR. LEDOUX WAS SELECTED FOR THE TEMPORARY PROMOTION BY RESPONSIBLE OFFICIALS AND THAT THE OFFICIAL PAPERS INVOLVED IN THE TRANSACTION WERE LOST. WE UNDERSTAND THAT WHILE IT HAS BEEN OFFICIALLY DETERMINED HE WAS NOT QUALIFIED FOR THE ORIGINALLY RECOMMENDED LEVEL L 10 POSITION. HE WAS QUALIFIED AND DID. PERFORM DUTIES AT LEVEL L-9 DURING SAID PERIOD AND THAT HAD THE OFFICIAL PAPERS NOT BEEN LOST HIS PROMOTION WOULD HAVE BEEN PROCESSED AT THE L-9 LEVEL AND DURING THE PERIOD IN QUESTION HE WOULD HAVE BEEN PAID AT THE APPROPRIATE RATE FOR LEVEL L-9. QUOTING THE SYLLABUS: "AN EMPLOYEE WHO IS QUALIFIED FOR AND PERFORMS THE DUTIES OF A POSITION.

B-165125, OCT. 28, 1968

TO MR. JOHN A. WATTS:

REFERENCE IS MADE TO OUR LETTER OF SEPTEMBER 19, 1968, TO YOU, AND THE REPLY THERETO OF OCTOBER 4, 1968, SIGNED BY MR. LEONARD G. BERMAN, CHIEF, CAREER PROGRAMS DIVISION, CONCERNING THE CLAIM OF MR. JEROME P. LEDOUX, AN EMPLOYEE OF MCCLELLAN AIR FORCE BASE, CALIFORNIA, FOR THE DIFFERENCE IN COMPENSATION BETWEEN THE W-9, STEP 3, $3.58 PER HOUR RATE AND THE L-10, STEP 2, $3.89 PER HOUR RATE UNDER A TEMPORARY PROMOTION NOT TO EXCEED 90 DAYS WHILE ON TEMPORARY DUTY OVERSEAS DURING THE PERIOD APRIL 16 THROUGH JUNE 24, 1967.

IT IS EVIDENT FROM THE INFORMATION NOW BEFORE THIS OFFICE THAT MR. LEDOUX WAS SELECTED FOR THE TEMPORARY PROMOTION BY RESPONSIBLE OFFICIALS AND THAT THE OFFICIAL PAPERS INVOLVED IN THE TRANSACTION WERE LOST. FURTHER, WE UNDERSTAND THAT WHILE IT HAS BEEN OFFICIALLY DETERMINED HE WAS NOT QUALIFIED FOR THE ORIGINALLY RECOMMENDED LEVEL L 10 POSITION, HE WAS QUALIFIED AND DID, IN FACT, PERFORM DUTIES AT LEVEL L-9 DURING SAID PERIOD AND THAT HAD THE OFFICIAL PAPERS NOT BEEN LOST HIS PROMOTION WOULD HAVE BEEN PROCESSED AT THE L-9 LEVEL AND DURING THE PERIOD IN QUESTION HE WOULD HAVE BEEN PAID AT THE APPROPRIATE RATE FOR LEVEL L-9.

IN 30 COMP. GEN. 94 WE HELD AS FOLLOWS, QUOTING THE SYLLABUS:

"AN EMPLOYEE WHO IS QUALIFIED FOR AND PERFORMS THE DUTIES OF A POSITION, BUT WHO, THROUGH ADMINISTRATIVE ERROR, IS NOT PAID THE LAWFUL SALARY ATTACHING TO THE POSITION, MAY HAVE HIS SALARY CORRECTED RETROACTIVELY BY APPROPRIATE ADMINISTRATIVE ACTION WITHOUT SUCH PAYMENT BEING REGARDED AS A RETROACTIVE PROMOTION SUCH AS ORDINARILY IS PROHIBITED BY LAW.'

UNDER THE CIRCUMSTANCES CORRECTION OF ADMINISTRATIVE RECORDS IS WARRANTED TO REFLECT THE TEMPORARY PROMOTION OF MR. LEDOUX TO THE L-9 LEVEL AND TO PROCESS A PAY ADJUSTMENT FOR THE DIFFERENCE BETWEEN THE PAY HE RECEIVED AT THE W-9 LEVEL COVERING THE PERIOD IN QUESTION AND THAT WHICH HE WOULD HAVE RECEIVED DURING SUCH PERIOD AT THE L-9 LEVEL. KINDLY ADVISE US OF THE ACTION YOU TAKE IN MR. LEDOUX'S CASE.