[Reconsideration of Claim for Retroactive Appointment]

An employee appealed the Claims Group's denial of his claim for a retroactive appointment to a higher classification and backpay. The claimant had applied for reappointment with the Agency for International Development (AID) in an overseas position. An AID staffing specialist advised the claimant that he was required to be employed at the level which approximated the grade and salary of his other employment at the time. The claimant responded by waiving his eligibility for employment at this level and stated that he would accept a position with the Foreign Service at a lower grade. About 1 year after accepting the position, the claimant filed a grievance with the Foreign Service in which he challenged the effect of the waiver and stated that AID had violated an agency regulation by appointing him at the lower grade level; the Foreign Service issued a determination adverse to the claimant. GAO held that AID regulations did not require that the claimant be appointed at a higher level than he previously held at the Foreign Service. Since applicable regulations did not entitle the claimant to an appointment at a higher level, the issue of the validity of the waiver was not considered. Accordingly, the Claims Group decision was affirmed.