Claim for Backpay

A civilian employee of the Army appealed the disallowance of his claim for backpay. The employee alleged that the Department of Defense (DOD) acted improperly in employing a replacement for him after he voluntarily retired during a reduction in force (RIF) and in failing to reclassify his position. The record showed that the employee was employed by the Army Home Town News Center as a Printing and Reproduction Equipment Operator. During his employment there, the employee requested that his position be upgraded. Upon review of his claim, both the Army and the Office of Personnel Management (OPM) determined that reclassification of his position to a higher grade was not justified. Subsequently, OPM determined that a major RIF existed in DOD and authorized early voluntary retirements for employees of DOD who met certain eligibility requirements. The employee subsequently applied for and obtained a voluntary RIF retirement. Nothwithstanding the RIF, the Army posted a vacancy notice relative to the employee's position and employed a replacement. OPM investigated both of the employee's complaints and has determined that his rights were not violated. Additionally, the Fraud Task Force and the GAO Claims Division have reviewed the employee's claims, and a similar conclusion was reached. GAO held that: (1) it was not within its jurisdiction to resolve questions relating to the proper classification of positions; (2) under the implementing regulations, it is specifically provided that a position may not be retroactively reclassified to a higher grade except in certain instances which are inapplicable here; (3) the record fails to demonstrate that the employee's voluntary retirement from DOD during the RIF was a direct result of an unjustified or unwarranted personnel action within the contemplation of the Back Pay Act; and (4) the employee failed to demonstrate that the agency acted improperly or illegally by replacing him upon his early voluntary retirement. Accordingly, the employee's claim for backpay was denied.