Claim for Retroactive Promotion and Backpay

A federal employee requested a decision concerning retroactive promotion and backpay. The employee's transfer between district offices caused her to receive her career-ladder promotion 1 month later than the date she first became eligible. The agency for which the employee worked claimed that the delay occurred prior to the receipt of the request for promotion. As a general rule, personnel action may not be made retroactive so as to increase the rights of an employee to compensation unless a clerical or administrative error was made, and such an error was not made in this case. Since the proper authorizing official had not exercised the discretion to promote the employee, the promotion could not be made retroactive. Furthermore, the failure to promote her on the earlier date did not violate nondiscretionary agency policy or the negotiated agreement. It was held that the employee was not entitled to a retroactive promotion and backpay.