Appeal for Grade and Pay Retention V. B-204729

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B-204729 1 (1981-10-28)

handle is hein.gao/gaobadjvo0001 and id is 1 raw text is:

DECISION

FILE: B-204729

MATTER

DIGEST:

THE cOMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0.C. 2054e

DATE: October 28, 1981

OF: R. Dewayne Noell - Claim for Grade and
Pay Retention

Employee who held a GS-13 position with
the Department of the Air Force trans-
ferred to a GS-12 position with the
Department of Energy after receiving
notice that his GS-13 position would
be transferred from Colorado to
Virginia incident to a transfer of
function. He is not entitled to grade
and pay retention under 5 C.F.R.
S 536.202(a), since he was not placed
in a lower-grade position as a result
of declining to transfer with his
function, but rather as a result of
his voluntary action based on his
belief that he might be separated.

Mr. R. Dewayne Noell has appealed our Claims
Group's denial of his claim for grade and pay re-
tention. Mr. Noell accepted a lower-grade position
with another agency after receiving notice that his
position would be transferred to another area incident
to a transfer of function. Mr. Noell is not entitled
to grade and pay retention since he was not placed in
a lower-grade position as a result of his declining
to transfer with his function, but rather as a result
of his voluntary action.

Mr. Noell was employed as a grade GS-13 Realty
Officer with the Aerospace Defense Command, Peterson
Air Force Base, (AFB), Colorado. By letter dated
May 11, 1979, entitled Preliminary Offer of Transfer
of Function Mr. Noell was advised by the Air Force
that the function with which his position was identi-
fied was scheduled to transfer to Langley Air Force
Base, Virginia, on or about October 1, 1979. He was
asked to return the letter and indicate whether he
was interested in accompanying the transfer of
function. Mr. Noell replied that he was interested
in accompanying the transfer of function. Mr. Noell
received another Preliminary Offer of Transfer of
Function dated September 4, 1979, wherein he was
advised that his function was scheduled to transfer

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