Claim for a Higher Rate of Pay

A Navy employee appealed a Claims Group denial of his claim for a higher rate of pay upon promotion and backpay. The employee had previously complained to the Navy of his low rating, the rejection of an application for promotion and, subsequently, of the delays in the grievance procedure. Eventually, the employee was selected for promotion to another position. However, he continued his grievance as he believed that, had he received the first promotion, he would have received a higher salary in his new promotion. After the Navy denied this claim, the employee appealed the case to the Claims Group which denied the claim since the claimant's rate of pay upon promotion was correct. Seeking reconsideration, the employee complained that the Claims Group did not address his complaints about the delay in the grievance procedure. GAO has no jurisdiction to inquire into matters relative to a grievance. Such matters are for the employing agency or the Office of Personnel Management, both of which have inquired into the matter. However, even if there had been a violation of the grievance procedures, this would not have entitled the claimant to the higher rate of pay he sought. To receive the claimed backpay and higher salary rate upon promotion, the employee initially would have had to be promoted to the first position for which he applied, but there was no basis to promote the employee to this position retroactively. An administrative change in salary may not be made retroactively effective in the absence of specific statutory authority. Retroactive promotions are permitted only in cases where an administrative error caused a delay in a personnel action. Since the employee's salary rate upon promotion was set correctly and he had no entitlement to backpay, the denial of the claim was sustained.