ELIGIBILITY FOR RETROACTIVE PAY UNDER THE PROVISIONS OF US COMPTROLLER GENERAL'S DECISION (B-183086)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000600130020-4
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: April 24, 2001
• Sequence Number: 20
• Publication Date: July 11, 1977
• Content Type: MF

Approved For Releasek=~+AT1~~A-P82t6d06bb~3C1Q;SX4
11 July 1977
MEMORANDUM FOR: Director of Personnel
SUBJECT: Eligibility for Retroactive Pay under
the Provisions of U.S. Comptroller
General's Decision (B-183086)
1. I believe that I am eligible for some retroactive
pay under the provisions of the U.S. Comptroller General's
decision (B-183086).
2. In March 1976 the U.S. Comptroller General's Office
issued decision B-183086 ruling that government employees
are entitled to retroactive, temporary promotions and
backpay when detailed over-long to higher grade jobs. The
decision held that failure to grant temporary promotions
for over-long detail cases is "an unjustified or unwarranted
personnel action" requiring retroactive pay under provi-
sions of the 1970 Back Pay Act. I presume that the Agency
is subject to U.S. Comptroller General's decision B-183086,
and so I herewith submit my claim for backpay under that
ruling.
3. The fac In June 1973, while
STATINTL assigned to the of the Counterintelligence
Staff of the DO, the newly-created
Evaluations Group of the DO Plans Staff. At the time of
the detail, I was a GS-12 step 3 and was assigned to a
grade GS-14 position. I performed my newly-assigned duties
in the GS-14 position from June 1973 to September 1975,
a period of approximately two years and three months.
During that time all my fitness reports were rated an
overall "strong" and I was twice recommended for promotion.
Despite the strong fitness reports and promotion recommenda-
tions, I was not promoted during my over two-year tenure
in that group and left it as a GS-12 in September 1975.
4, Since September 1975 I have been assigned to the
STATINTL or IntrATINTL
na Activities where
ADMINISTRATIVE - INTERNAL USE ONLY
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ADP 'ISTRATIVE - INTERNAL USE jY
I have also been in a GS-14 position. My fitness reports
in this branch have all been rated "strong" and I have
also been recommended for promotion.
5. Written evidence of my detail to a grade GS-14
position in the Evaluations Group of the DO Plans Staff
and the period of my tenure in that position can readily
be found in my personnel file and in the narrative portions
of the fitness reports I received while I was with the
Evaluations Group. Should this evidence be deemed insuffi-
cient, I will secure statements from co-workers and Agency
officials to substantiate my claim.
6. Please advise me regarding the Agency's policy on
this matter and also of any additional administrative pro-
cedures which may be required in fulfillment of my claim.
I may be contacted at extension 5350, Room 2B00, Headquarters.
ADMINISTRATIVE - INTERNAL USE ONLY
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 '[D SECRET
Eligibility for Retroactive Pay under the Provisions
of U,S, Comptroller General's Decision (B-183086)
STATI
STATI
column to after each from
COMMENTS Draw a (Number
line across comment
to whom. comment-)
^ UNCLASSIFIED
CONFIDENTIAL ^ USE ONLY
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PI RS 77-2T73
ti/G Yr, 3
STATINTL
TATINTL
M DRANDW FOR. Office of Logistics
Director of Logistics
F. W. M. Janney
Director of Personnel
Claim Based on Detail Assignment
CES : (a) Mr. ono dtd 21 Apr 77, subj:
s d on Illegal Detail"
(b) Cow Gen Decisions B 183086 and B 184990
1. We apologize for the delay in responding to your request
for a review of your assigrnaent to a higher grade position during
your tour with the Soviet Bloc Division. As you were advised by
telephone, the original OGC opinion on this matter was being
reviewed. The OGC opinion 76-6048 dated 1 November 1976 has now
been reaffirmed, and attached is a precis of that opinion for your
information.
2. The matter of assignment of personnel to positions graded
than the grade of the incumbent without promotion was the
concluded that these decisions do not apply to Agency positions or
personnel. The Civil Service Commission regulations involved in
the Comptroller General decisions are not directly applicable to
Agency employees and the Agency has no regulations of its own
which mandate procedures comparable to the CSC re ations. The
promotion policy of the Agency is ocribed in STATINTL
Paragraph a(1) specifies that "promotion is t" with
the primary assessment mechanism "of comparative evaluation of
employees in a particular grade and/or function". STATINTL
specifically provides for assignments to positions o g r
grade.
gelation s and law on which the decisions are based, the OGC
the time the Conatroller General issued the B 183086 and B 184990
decisions. After a thorough study of the decisions and the
ject of extensive review by the Office of the General Counsel at
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3. Your claim for retroactive pay for the period you were
assigned as a GS-13 in a GS-14 position is therefore denied insofar
as it is based on the Comptroller General decisions B 183086 and
B 184990. If you have further questions in this regard, feel
free to contact my office.
P. W. P.. Janney
STATINTL
Distribution:
Orig. & 1 - arise
2 - D/Pers
1 - OP/RS
OP/P&C/PSi:kj
(29 Jul 77)
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