Claim for Retroactive Promotion

A Navy employee requested a reconsideration of the denial of his claim for a retroactive temporary promotion for performing the duties of a GS-12 position while being paid at a GS-11 level. Although the claimant performed some GS-12 duties, there was no evidence of reclassification actions officially establishing the positions occupied by him at grade GS-12. Since the claimant was never assigned to a position classified and established at a higher grade than his first position, he was not entitled to a retroactive promotion. The employee also requested: the restoration of his annual leave which was used to attend school, payments for attending school, and backpay based on the Navy's alleged failure to authorize overtime work. These matters are usually left to the discretion of the appropriate agency to grant or deny. In view of this, and since the claimant did not present any evidence to support entitlement to those benifits, the matters were not considered and the denial of the employee's claim was sustained.