Claim for Retroactive Temporary Promotion and Backpay

B-195646: Dec 27, 1979

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Shirley Jones
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An employee requested reconsideration of his claim for retroactive temporary promotion and backpay which was previously denied. The employee's reassignment and reduction in rank from a GS-12 supervisory position to a GS-12 nonsupervisory position was determined to be erroneous personnel action. However, such personnel action creates no entitlement to retroactive temporary promotion and backpay because it did not affect his pay and allowances so as to constitute "an unjustified or unwarranted personnel action" remediable pursuant to the Back Pay Act. Although action reducing the employee's rank was erroneous, correction of that action did not entitle the employee to retroactive temporary promotion with backpay based on earlier actions which terminated his detail to a GS-13 supervisory position and returned him to his GS-12 supervisory position. Termination of detail was within agency discretion. The previous adjudication was sustained.