Claim for Retroactive Discontinued Service Retirement

A former Navy employee requested a decision as to whether the date of his separation on discontinued service retirement could be changed. While the former employee was detailed to a temporary supervisory position, a new position description was written which combined the duties of the supervisory position with the duties of his regular position. Although the agency intended to offer the former employee the new position, it was offered to and accepted by another candidate, despite the fact that the establishment of the new position would abolish the former employee's original position. Both the abolishment of the old position and notification of separation were delayed while a replacement position was established. However, the former employee declined the offered position and chose to retire on the basis of discontinued service. The former employee claimed that his job was actually abolished when the new job was classified and argued that he should have been given the opportunity to retire early in time to receive certain retirement benefits. As a general rule, a personnel action may not be made retroactive to increase an employee's right to compensation. There was no basis to allow the former employee's request under any of the exceptions to this rule, and GAO was not able to conclude that the Navy made an error which would justify a retroactive change in the former employee's separation date. Accordingly, his claim was denied.