Denial of Retroactive Promotion With Backpay

B-173815.48: Sep 29, 1976

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An employee claimed a retroactive promotion and backpay because of a month's delay in her promotion which occurred when the recommendation for promotion failed to reach the proper official. The employee is not entitled to a retroactive promotion since the recommendation was sent through the U.S. mail, and there was no administrative error on the part of the government. There was no violation of statutory or regulatory right which required promotion, and even if the delay in promotion was the result of a misclassification, the employee's position cannot be reclassified retroactively.