Claim for Retroactive Promotion

An advance decision was requested concerning the Army's authority to award a retroactive promotion to a civilian employee. The employee's promotion papers had been delayed in processing because of an administrative error, and he was promoted almost 2 months after others whose promotion papers were submitted at the same time. Due to a change in pay rates, the employee was promoted to a lower step of a GS grade. The employee claimed a retroactive promotion plus the difference between his old rate of pay and his new rate of pay, based upon his promotion having become effective prior to the date of the changed pay rates. He also claimed that the loss of one within grade increase in pay due to the salary change and the administrative error would result in a loss of per year base pay plus differential pay. Delays in processing of promotions may be regarded as administrative errors which will support a retroactive promotion. However, those acts must occur after the approval of the promotion by a properly authorized official to support a retroactive promotion. In the instant case, the employee's promotion papers were lost prior to their approval by the properly authorized official. Since there was no administrative error which would form the basis for a retroactive promotion, the claim was denied.