Defense Supply Agency Employee's Claim for Retroactive Promotion and Salary Differential

The Defense Supply Agency (DSA) requested an advanced decision on whether a DSA employee could be retroactively promoted from grade GS-14 to GS-15 and awarded backpay for a specified period, since he was performing the duties of a position advertised at the GS-15 level during this period. GAO held that: (1) in general, the employee was only entitled to the salary determined by the position which he held rather the duties he performed; (2) during the entire period in question, DSA administratively determined that the employee would maintain his position at grade GS-14, and there was no evidence that the Civil Service Commission had ordered a higher classification with which DSA failed to comply; (3) the fact that others performed the same duties and were paid at the higher grade level at other agencies did not make DSA's decision to hold the employee to the GS-14 level improper; and (4) the employee was not entitled to a retroactive promotion or backpay. Accordingly, the claim was denied.