B-148317, AUG. 2, 1962
Highlights
ON THE BASIS THAT JUNE 9 SHOULD HAVE BEEN THE EFFECTIVE DATE OF YOUR PROMOTION. THE FACTS AND CIRCUMSTANCES WHICH GAVE RISE TO THE CLAIM AND OUR REASON FOR DISALLOWING IT WERE FULLY RELATED TO YOU IN OUR DECISIONS OF APRIL 10. PAYMENT OF YOUR CLAIM WAS DENIED ON THE BASIS OF OUR HOLDING IN 30 COMP. YOU SAY THAT YOU ARE UNABLE TO RECONCILE THE CIRCUMSTANCES UPON WHICH OUR HOLDING IN 30 COMP. GEN. 156 WAS BASED WITH THOSE OF YOUR CASE. THE CHANGE BECOMES EFFECTIVE ON THE DATE THE ACTION IS TAKEN BY THE ADMINISTRATIVE OFFICER VESTED WITH THE PROPER AUTHORITY TO FINALLY ALLOCATE OR REALLOCATE THE POSITION. YOU CONTEND THAT SINCE YOU WERE PERFORMING FOR A LONG TIME. DUTIES WHICH SHOULD HAVE BEEN CLASSIFIED BY ESTABLISHED STANDARDS AT A HIGHER RATE OF PAY OR GRADE LEVEL.
B-148317, AUG. 2, 1962
TO MR. DAVID A. RUHL:
YOUR LETTER OF JUNE 8, 1962, REQUESTS RECONSIDERATION OF OUR DECISION OF APRIL 10, 1962, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE FROM JUNE 9, 1958, ON THE BASIS THAT JUNE 9 SHOULD HAVE BEEN THE EFFECTIVE DATE OF YOUR PROMOTION.
THE FACTS AND CIRCUMSTANCES WHICH GAVE RISE TO THE CLAIM AND OUR REASON FOR DISALLOWING IT WERE FULLY RELATED TO YOU IN OUR DECISIONS OF APRIL 10, 1962, AND NEED NOT BE REPEATED HERE.
PAYMENT OF YOUR CLAIM WAS DENIED ON THE BASIS OF OUR HOLDING IN 30 COMP. GEN. 156. YOU SAY THAT YOU ARE UNABLE TO RECONCILE THE CIRCUMSTANCES UPON WHICH OUR HOLDING IN 30 COMP. GEN. 156 WAS BASED WITH THOSE OF YOUR CASE. THAT DECISION POINTS OUT THAT IN DETERMINING THE EFFECTIVE DATE OF SALARY CHANGES RESULTING FROM ADMINISTRATIVE ALLOCATION OR REALLOCATION OF POSITIONS, THE CHANGE BECOMES EFFECTIVE ON THE DATE THE ACTION IS TAKEN BY THE ADMINISTRATIVE OFFICER VESTED WITH THE PROPER AUTHORITY TO FINALLY ALLOCATE OR REALLOCATE THE POSITION.
YOU CONTEND THAT SINCE YOU WERE PERFORMING FOR A LONG TIME, PRIOR TO YOUR PROMOTION, DUTIES WHICH SHOULD HAVE BEEN CLASSIFIED BY ESTABLISHED STANDARDS AT A HIGHER RATE OF PAY OR GRADE LEVEL, THE REQUISITE ADMINISTRATIVE APPROVAL OR FINAL ACTION NECESSARY TO YOUR PROMOTION WAS, IN EFFECT, ACCOMPLISHED BY THE RECLASSIFICATION OF YOUR POSITION ON OR ABOUT JUNE 9, 1958. AS POINTED OUT IN OUR DECISION OF APRIL 10, 1962, TO YOU, A SEPARATE ACTION PROMOTING AN INCUMBENT OF THE LOWER GRADE POSITION TO THE RECLASSIFIED HIGHER GRADE POSITION IS AN ACTION ESSENTIAL TO HIS ENTITLEMENT TO THE SALARY OF THE RECLASSIFIED POSITION.
THE RULE FOR DETERMINING THE EFFECTIVE DATE OF A CHANGE OF SALARY RESULTING FROM ADMINISTRATIVE ACTION IS THE DATE OF APPROVAL THEREOF BY A PROPER ADMINISTRATIVE OFFICIAL, OR SUCH SUBSEQUENT DATE AS MAY BE ADMINISTRATIVELY FIXED. SEE 21 COMP. GEN. 95, 96; 30 ID. 156 AND DECISIONS CITED THEREIN. STANDARD FORM 50, NOTIFICATION OF PERSONNEL ACTION, SHOWING YOUR PROMOTION, IN BLOCK 4 STATES THAT IT IS AN OFFICIAL NOTICE OF THE PERSONNEL ACTION DESCRIBED BELOW, WHICH AFFECTS YOUR EMPLOYMENT. IN BLOCK 6 THE EFFECTIVE DATE OF YOUR PROMOTION IS SHOWN AS JUNE 29, 1958. HENCE, UPON THE BASIS OF THE RECORD, JUNE 29, 1958, WAS THE DATE ADMINISTRATIVELY FIXED FOR YOUR PROMOTION BY THE DEPARTMENT OF THE ARMY.
CONCERNING YOUR CONTENTION THAT YOU HAD BEEN DOING FOR A LONG TIME WORK WHICH HAD BEEN CLASSIFIED AT A HIGHER RATE OF PAY OR GRADE LEVEL, IT HAS BEEN HELD THAT ONE WHO HOLDS OFFICE IS ENTITLED TO NO MORE THAN THE SALARY OF THE OFFICE TO WHICH HE WAS APPOINTED WHETHER OR NOT HE PERFORMS THE DUTIES OF AN OFFICE OF HIGHER GRADE. SEECOLEMAN V. UNITED STATES, 100 CT.CL. 41, UNITED STATES V. MCLEAN, 95 U.S. 750.
THEREFORE, THE PRIOR ACTION OF OUR OFFICE IN DISALLOWING YOUR CLAIM MUST BE SUSTAINED.