Claim for Backpay

GAO was asked for an advance decision regarding an employee's claim for backpay. The claimant had retired, but was reinstated after the Office of Personnel Management (OPM) disallowed his request for retirement on the grounds that he: (1) did not have sufficient creditable civilian service; and (2) had not waived his military retired pay which would have allowed him to count his military service for civil service retirement purposes. The claimant contended that the improper filing of his retirement application and its subsequent rejection by OPM were the result of an administrative error and that, therefore, he is entitled to backpay. The error allegedly occurred when the personnel specialist handling the claimant's case told him he could retire on the basis of his civilian service alone. GAO held that: (1) the claimant's uncorroborated assertions that he was told he could retire using only his civilian service were not sufficient to prove his claim; (2) there was no showing that the personnel department violated any mandatory procedural requirement regarding retirement; and (3) the procedures outlined by the personnel specialist were in accord with OPM regulations. Accordingly, the claim for backpay was denied.