B-167819(1), OCT. 9, 1969

B-167819(1): Oct 9, 1969

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WHERE EMPLOYEE'S PROMOTION WAS MADE EFFECTIVE FEB. 25. PROMOTION WAS REQUIRED EFFECTIVE FEB. 11. SINCE UNDER SEC. 511.702 OF CIVIL SERVICE COMMISSION'S REGULATIONS EFFECTIVE DATE OF CLASSIFICATION CHANGE RESULTING FROM APPEAL IS NOT EARLIER THAN DECISION DATE AND NOT LATER THAN BEGINNING OF FOURTH PAY PERIOD THEREAFTER. UNLESS SUBSEQUENT DATE IS SPECIFIED IN DECISION. BAGNELL'S POSITION (ATTORNEY) WAS RECLASSIFIED FROM GRADE GS-11 TO GRADE GS-12 AS THE RESULT OF A CLASSIFICATION APPEAL INITIATED BY HER. THE CLASSIFICATION APPEAL WAS FORWARDED TO HEADQUARTERS AIR FORCE LOGISTICS COMMAND (AFLC). A DETERMINATION WAS MADE BY HEADQUARTERS AFLC THAT MRS. BAGNELL'S POSITION WAS PROPERLY ALLOCABLE TO GRADE GS-12.

B-167819(1), OCT. 9, 1969

COMPENSATION--RATES--HIGHEST PREVIOUS RATE--RECLASSIFICATION OF POSITION CONCERNING DECISION ALLOCATING POSITION TO GS-12 FROM GS-11 ON DEC. 22, 1967, FOLLOWING EMPLOYEE'S CLASSIFICATION APPEAL, WHERE EMPLOYEE'S PROMOTION WAS MADE EFFECTIVE FEB. 25, 1968, BEGINNING OF NEXT PAY PERIOD AFTER RECEIPT OF NECESSARY COMMITTEE APPROVAL, PROMOTION WAS REQUIRED EFFECTIVE FEB. 11, 1968, SINCE UNDER SEC. 511.702 OF CIVIL SERVICE COMMISSION'S REGULATIONS EFFECTIVE DATE OF CLASSIFICATION CHANGE RESULTING FROM APPEAL IS NOT EARLIER THAN DECISION DATE AND NOT LATER THAN BEGINNING OF FOURTH PAY PERIOD THEREAFTER, IN THIS INSTANCE FEB. 11, 1968, UNLESS SUBSEQUENT DATE IS SPECIFIED IN DECISION.

TO LIEUTENANT COLONEL J. W. WALKER, USAF:

THIS REFERS TO YOUR LETTER OF AUGUST 7, 1969, SMCA, WITH ENCLOSURES, FORWARDED HERE BY THE ASSISTANT COMPTROLLER FOR ACCOUNTING AND FINANCE, AFAACF (AFAFC-MP) ON AUGUST 29, 1969, REQUESTING AN ADVANCE DECISION WHETHER THE ENCLOSED VOUCHER IN FAVOR OF MRS. COLLEEN N. BAGNELL IN THE AMOUNT OF $32 MAY BE PAID.

THE VOUCHER REFLECTS THE DIFFERENCE IN PAY BETWEEN GRADE GS-11, STEP 4, $10,623 PER ANNUM AND GS-12, STEP 1, $11,461 PER ANNUM, FOR THE PERIOD FEBRUARY 11 TO FEBRUARY 24, 1968, INCLUSIVE, AS THE RESULT OF MRS. BAGNELL'S PROMOTION TO GRADE GS-12. THE RECORD SHOWS THAT MRS. BAGNELL'S POSITION (ATTORNEY) WAS RECLASSIFIED FROM GRADE GS-11 TO GRADE GS-12 AS THE RESULT OF A CLASSIFICATION APPEAL INITIATED BY HER. THE CLASSIFICATION APPEAL WAS FORWARDED TO HEADQUARTERS AIR FORCE LOGISTICS COMMAND (AFLC), WRIGHT-PATTERSON AIR FORCE BASE, OHIO, BY THE CIVILIAN PERSONNEL OFFICE AT YOUR HEADQUARTERS. ON DECEMBER 22, 1967, A DETERMINATION WAS MADE BY HEADQUARTERS AFLC THAT MRS. BAGNELL'S POSITION WAS PROPERLY ALLOCABLE TO GRADE GS-12. NOTIFICATION OF THIS DETERMINATION WAS RECEIVED BY THE CIVILIAN PERSONNEL OFFICE ON DECEMBER 26, 1967.

PURSUANT TO AIR FORCE MANUAL (AFM) 40-1, SECTION AF9241, PARAGRAPH 13A, THE LOCAL CIVILIAN PERSONNEL OFFICE FORWARDED A REQUEST TO THE LEGAL EXAMINING COMMITTEE, HEADQUARTERS UNITED STATES AIR FORCE ON JANUARY 12, 1968. THIS PARAGRAPH REQUIRES THE APPROVAL OF THE COMMITTEE FOR ANY CHANGE IN ATTORNEY POSITIONS INCLUDING ACTION BASED ON REGRADING OF THE POSITIONS. BY LETTER DATED FEBRUARY 8, 1968, THE LEGAL EXAMINING COMMITTEE ADVISED THE LOCAL PERSONNEL OFFICE THAT MRS. BAGNELL WAS QUALIFIED AND ELIGIBLE FOR PROMOTION TO GRADE GS-12. THE LETTER WAS RECEIVED BY THE LOCAL CIVILIAN PERSONNEL OFFICE ON FEBRUARY 13, 1968.

DUE TO THE FACT THAT IT WAS NECESSARY FOR THE LOCAL CIVILIAN PERSONNEL OFFICE TO OBTAIN APPROVAL OF MRS. BAGNELL'S ELIGIBILITY FOR PROMOTION FROM THE HEADQUARTERS UNITED STATES AIR FORCE, LEGAL EXAMINING COMMITTEE, AND THE FACT THAT SUCH APPROVAL WAS NOT RECEIVED UNTIL FEBRUARY 13, 1968, THE LOCAL CIVILIAN PERSONNEL OFFICER ISSUED THE PERSONNEL ACTION FOR PROMOTION TO GRADE GS-12, EFFECTIVE FEBRUARY 25, 1968, WHICH WAS THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING RECEIPT OF APPROVAL AUTHORITY.

SINCE AFR 40-502, PARAGRAPH 4, AND THE FEDERAL PERSONNEL MANUAL, CHAPTER 511, SUBCHAPTER 7, PARAGRAPH 7-2 PROVIDE THAT THE GENERAL RULE FOR A PROMOTION FOLLOWING A CLASSIFICATION APPEAL MUST BE EFFECTED NO LATER THAN THE BEGINNING OF THE FOURTH PAY PERIOD FOLLOWING THE DATE OF THE APPEAL DECISION, MRS. BAGNELL FEELS HER PROMOTION TO GRADE GS-12 SHOULD HAVE BEEN EFFECTIVE NO LATER THAN FEBRUARY 11, 1968, WHICH IS THE BEGINNING OF THE FOURTH PAY PERIOD FOLLOWING THE DATE (DECEMBER 22, 1967) HER POSITION WAS DETERMINED TO BE ALLOCABLE TO THAT GRADE.

OUR DECISION 37 COMP. GEN. 492, AMPLIFYING 30 COMP. GEN. 156, REQUIRES THAT AFTER A POSITION IS FINALLY CLASSIFIED BY THE OFFICE HAVING AUTHORITY TO DO SO, THE INCUMBENT, IF OTHERWISE QUALIFIED, MUST BE PROMOTED WITHIN A REASONABLE TIME AFTER THE DATE OF FINAL POSITION CLASSIFICATION. HOWEVER, THERE WAS NOT FOR CONSIDERATION IN THAT DECISION A STATUTORY REGULATION SUCH AS SECTION 511.702 OF THE REGULATIONS OF THE CIVIL SERVICE COMMISSION WHICH READS AS FOLLOWS:

"SEC. 511.702 AGENCY'S OR COMMISSION'S CLASSIFICATION DECISION ON APPEAL. SUBJECT TO SECTION 511.703, THE EFFECTIVE DATE OF A CHANGE IN THE CLASSIFICATION OF A POSITION RESULTING FROM AN APPEAL TO EITHER AN AGENCY OR THE COMMISSION IS NOT EARLIER THAN THE DATE OF DECISION ON THE APPEAL AND NOT LATER THAN THE BEGINNING OF THE FOURTH PAY PERIOD FOLLOWING THE DATE OF DECISION, UNLESS A SUBSEQUENT DATE IS SPECIFICALLY STATED IN THE DECISION BY THE AGENCY OR THE COMMISSION.' THAT REGULATION IN EFFECT SPECIFIES WHAT CONSTITUTES A REASONABLE TIME, I.E., THE BEGINNING OF THE FOURTH PAY PERIOD FOLLOWING THE DATE OF RECLASSIFICATION DECISION, UNLESS A SUBSEQUENT DATE IS SPECIFIED IN THE DECISION. IN THE INSTANT CASE THE RECLASSIFICATION OF THE POSITION OCCUPIED BY MRS. BAGNELL WAS EFFECTED BY THE PROPER ADMINISTRATIVE AUTHORITY ON DECEMBER 22, 1967, AND THE RECLASSIFICATION ACTION DID NOT SPECIFY ANY EFFECTIVE DATE. HENCE, UNDER THE QUOTED CIVIL SERVICE REGULATION THE PROMOTION WAS REQUIRED NOT LATER THAN THE FOURTH PAY PERIOD FOLLOWING THE DATE OF THE RECLASSIFICATION ACTION WHICH WOULD BE FEBRUARY 11, 1968.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.