Claim for Retroactive Promotion

The acting chief of Department of the Interior's financial management branch requested an advance decision as to the entitlement of an employee to a retroactive promotion. The employee was on temporary assignment when it was determined that he was eligible for a higher grade position. The personnel action was initiated but then canceled because the employee was still on temporary assignment. The employee contended that he was eligible for the promotion regardless of the classification of his assignment. However, GAO determined that the failure of the agency to follow through on the promotion was a matter of discretion within the agency and not for GAO consideration. It did not appear that any unwarranted or unjustified personnel action was involved. Therefore, it was not applicable to apply the Backpay Act in this case. Accordingly, the employee's promotion may not be made retroactive.