B-194731,(RJH),L/M, MAR 20, 1980

B-194731,(RJH),L/M: Mar 20, 1980

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THIS OFFICE HELD IN THE ABOVE-REFERENCED DECISION THAT YOU WERE ENTITLED TO A RETROACTIVE TEMPORARY PROMOTION FROM GS-5 TO GS-6. YOUR CLAIM FOR AN ADDITIONAL PERIOD OF TIME WAS DENIED BASED ON A LACK OF EVIDENCE AND BECAUSE OF YOUR FAILURE TO SUSTAIN THE BURDEN OF PROOF NECESSARY TO SUPPORT A VALID CLAIM AGAINST THE UNITED STATES. THIS OFFICE DOES NOT HAVE THE JURISDICTION TO CONSIDER THE NEW ISSUES YOU HAVE RAISED IN YOUR CURRENT LETTER. ANY CLAIM YOU MAY HAVE PERTAINING TO REINSTATEMENT TO YOUR FORMER POSITION WOULD HAVE TO BE MADE TO YOUR AGENCY OR TO THE MERIT SYSTEMS PROTECTION BOARD.

B-194731,(RJH),L/M, MAR 20, 1980

OFFICE OF GENERAL COUNSEL

WILLIAM J. RUSSELL, JR.:

WE REFER TO YOUR LETTER OF FEBRUARY 5, 1980, PERTAINING TO OUR DECISION ON YOUR CLAIM B-194731, SEPTEMBER 10, 1979.

THIS OFFICE HELD IN THE ABOVE-REFERENCED DECISION THAT YOU WERE ENTITLED TO A RETROACTIVE TEMPORARY PROMOTION FROM GS-5 TO GS-6, AND BACK PAY FROM SEPTEMBER 15, 1974, TO SEPTEMBER 25, 1975. YOUR CLAIM FOR AN ADDITIONAL PERIOD OF TIME WAS DENIED BASED ON A LACK OF EVIDENCE AND BECAUSE OF YOUR FAILURE TO SUSTAIN THE BURDEN OF PROOF NECESSARY TO SUPPORT A VALID CLAIM AGAINST THE UNITED STATES.

ALTHOUGH YOUR RECENT LETTER REFERS TO OUR DECISION, IT SEEMS TO RELATE PRIMARILY TO AN ADVERSE ACTION TAKEN AGAINST YOU BY YOUR EMPLOYING AGENCY, AND YOUR SUBSEQUENT DISCHARGE FROM GOVERNMENT SERVICE. THIS OFFICE DOES NOT HAVE THE JURISDICTION TO CONSIDER THE NEW ISSUES YOU HAVE RAISED IN YOUR CURRENT LETTER. THEREFORE, ANY CLAIM YOU MAY HAVE PERTAINING TO REINSTATEMENT TO YOUR FORMER POSITION WOULD HAVE TO BE MADE TO YOUR AGENCY OR TO THE MERIT SYSTEMS PROTECTION BOARD. SEE 5 C.F.R. SEC. 1201.3 (1979). QUESTIONS CONCERNING YOUR VETERAN'S PREFERENCE WOULD BE FOR CONSIDERATION BY YOUR AGENCY, AND THE OFFICE OF PERSONNEL MANAGEMENT. THE ONLY OTHER REMEDY AVAILABLE TO YOU WOULD BE TO FILE A LAWSUIT IN FEDERAL COURT.

WE REGRET THAT WE CANNOT BE OF FURTHER ASSISTANCE TO YOU.