Claim for Retroactive Promotion With Backpay

B-197102: Jan 14, 1981

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A Federal employee appealed the Claims Division's determination denying him retroactive promotion with backpay. The employee's claim was based on the General Services Administration's (GSA) failure to promote him to a Federal Protective Officer position as the result of a physical examination. GAO does not pass upon matters of discrimination and it does not review questions of qualifications for promotion or appointment. These are matters for the employing agency and the Office of Personnel Management. For this reason, and because GSA did not violate a nondiscretionary regulation or policy in failing to promote him at an earlier date, no basis was found upon which his claim could be considered.