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[Claim for Retroactive Classification and Promotion]

B-202685 Aug 17, 1982
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Highlights

A civilian Army employee appealed a Claims Group settlement which denied her claim for a retroactive job classification and promotion with backpay. The issues were: (1) whether a classification action could be given retroactive effect; (2) whether the employee was entitled to a retroactive temporary promotion with backpay incident to an overlong detail to a higher graded position; and (3) whether collection of erroneous compensation which the employee received in an administrative procedure could be waived. The employee alleged that she satisfactorily performed all of the duties of a subsequently higher classified position for a period of more than 2 years prior to her promotion to the higher classified position. GAO noted that a Government employee is entitled only to the salary of the position to which he is appointed, regardless of the duties performed and, generally, classification actions may not be made on a retroactive basis. There is no monetary remedy for periods of wrongful classification, and the Army's decision to grant relief relying on a prior GAO decision was in error, because the temporary promotion period which it used in its calculations did not count as detail time. Thus, while the employee was not entitled to backpay, GAO found that her liability for the overpayment should be waived because she received the payment pursuant to an agency decision and was entitled to and did rely on that decision in good faith. Accordingly, the employee's claim for retroactive classification and promotion with backpay was denied, but the collection of the erroneous compensation which she received from the Army was waived.

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