Retroactive Promotion Based on Administrative Error in Processing Request

An advance decision was requested as to whether an employee could be granted retroactive pay incident to an improper promotion action. The agency's regional office had been confused over implementation of new classification standards and erroneously prepared a promotion request for a grade GS-7 employee to be promoted to an interim grade GS-8 position instead of to the grade GS-9 position that agency promotion criteria required. Upon discovery of the error, the employee was promoted to the GS-9 position with the concurrence of the Civil Service Commission. A grievance examiner recommended the employee's retroactive GS-9 promotion to the date he received his promotion to the GS-8 position. The error constituted an unjustified or unwarranted personnel action that deprived the employee of pay and may be remedied under the Back Pay Act.