[Question Concerning Entitlement to Retroactive Promotion and Backpay]

A civilian Army employee claimed that she was entitled to a retroactive promotion and backpay, contending that: (1) she was orally notified of her promotion but received no formal, written notification; and (2) she reported to her new position but was not promoted until 1 month later due to administrative delays in processing the necessary paperwork. GAO noted that: (1) the claimant was informed that the staffing specialist was unable to complete the necessary paperwork so that her promotion could be effected; (2) the authorized approving official approved the promotion upon receipt of the necessary forms; and (3) the effective date of a change in salary resulting from a promotion is the date action is taken by the administrative officer with promotion approval authority. GAO also noted that backpay may be awarded as a remedy affecting pay or allowances where unjustified and unwarranted personnel actions have been taken. GAO has held that: (1) where the delay occurs before the authorized official has exercised his discretionary authority, administrative intent to promote at a particular time cannot be established; and (2) if the authorized official has approved the promotion request, any administrative errors which delay a promotion fall within the exceptions to permit a retroactive promotion. GAO found that: (1) a promotion has not occurred until the official vested with discretionary authority acts; (2) the delays occurred before the authorized official had the opportunity to act; and (3) failure to promote the employee at an earlier date did not violate a nondiscretionary agency policy. Accordingly, the claim was denied.