Office of the General Counsel

Date: September 29, 1998
Matter of: [xxx]
File Number: S001859

OPM Contact: Murray M. Meeker

The claimant, an employee of the [agency], asserts that he is entitled to backpay for the period from March 3, 1997 to March 15, 1998, when he was detailed to perform the duties of a higher graded position. For the reasons discussed herein, the claim is denied.

To qualify for promotion to a higher graded position and backpay, an employee must satisfy the minimum qualification requirements for the position. See Barbara A. Ralston, B-200748, February 3, 1981; Darryl E. Laxo, B-196227, May 15, 1980; and Glen D. Miller, B-195139, March 4, 1980.

GPO has reported that the claimant did not meet the minimum education requirement that was applicable during the detail. The claimant does not deny that he did not meet the minimum education requirement. Rather, the claimant has responded that the position to which he was detailed had previously been occupied by an individual who did not satisfy the minimum education requirement. It is, however, well established that claims may not be granted on the assertion that they may have previously been improperly granted to another. See Valenzuela v. OPM, 231 Ct. Cl. 907, 908-9 (1982); Cubacub v. OPM, 230 Ct. Cl. 908, 909 (1982); and Baker v. United States, 222 Ct. Cl. 263, 269 (1980).

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the employee's right to bring an action in an appropriate United States Court.