Request for Retroactive Promotion and Backpay

A decision was requested concerning the claim of a Forest Service employee for a retroactive promotion. After being hired, the Forest Service advised the employee that he would be given the opportunity to receive a career-ladder promotion after 1 year of service provided he was determined by the agency to meet certain performance requirements. Although the employee received a within-grade increase, his subsequent request for promotion was denied. In this connection, the employee's immediate supervisor informed him that he had not demonstrated sufficient ability to perform at the higher grade level. The employee was not promoted to the higher grade until almost a year later. The employee filed a grievance with the Forest Service claiming backpay for the difference between the two grades and arguing that he should have received the promotion after the 1 year of service. The agency denied the claim contending that he had no vested right to the career promotion. The employee argued that the Forest Service was required to promote him to the higher grade after 1 year in the lower grade and after fulfillment of the performance requirements prescribed for the higher grade position. In a career-ladder, the classification of a position depends on the grade the incumbent has reached through promotion. Unless an administrative regulation, instruction, or policy states otherwise, a career-ladder promotion is not mandatory. In support of his contention, the employee maintained that the agency's rejection of his promotion request constituted administrative error. It is well established that a promotion may not be made retroactively effective in the absence of specific statutory authority. GAO has permitted retroactive promotion as a result of an administrative error; however, there existed no administrative error warranting a retroactive promotion. Accordingly, the employee's promotion was not effected retroactively.