Claim for Retroactive Promotion After Reemployment Following Break in Service

An employee requested reconsideration of the denial of her claim for backpay believed due when she was reemployed at the lowest step in grade rather than the highest step because of a break in service. Since the employee, who was interviewed for a new position on the last day of leave without pay, suffered an 11-day break in service due to processing of the appointment, she may not have the separation date from her prior position changed to avoid the break in service and thereby obtain the pay adjustment to the higher step because she was not entitled to leave without pay and could not use annual leave when it was known that she would not return to duty at her previous post. The record indicated that the break in service resulted from the normal time required to process the appointment, not from misinformation by an agency employee, as alleged by the claimant. There was no basis for a pay adjustment under the Back Pay Act since there was no finding by an appropriate authority that the break in service resulted from an improper or erroneous action or that such action resulted directly in loss of pay.