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B-184838 1 (1975-10-29)

handle is hein.gao/gaobadctp0001 and id is 1 raw text is: 'klER THE COMPTROLLER GENERAL DECISION ..OF THE UNITED STATES 3 WASHINGTON, D.C. 20546 NITV FILE: DATE: OCT 2 9 1975 B-1848380` MATTER OF: Francis A. Dorn - Severance pay following L involuntary separation. DIGEST: Claimant, who was transferred from Milwaukee to Cleveland by SBA, vigorously pursued administrative appeals and otherwise indicated unwillingness to be transferred to another comuting area, both before and after date of transfer. After his grievance appeals within SBA were exhausted, claimant formally declined the transfer. SBA thereafter removed him for unauthorized absence. Claimant is entitled to severance pay under 5 U.S.C. 9 5595 and the Civil Service regulations thereunder, des2it-e fact he had reported for duty at his new pozt, because actual cause of separation was refusal to accept transfer. This action is a reconsideration of Settlement Certificate Z-563, July 30, 1975, by the TreEsport*tin nd Clazim D)ivision of the United States General Accounting Office, disallowing the claim of Mr. Francis A. Dorn for severance pay. The record shows that claimant was employed as a Loan Specialist in the Milwaukee Branch Office of the Small Business Administration (SBA). By letter dated March 25, 1974, the Regional Director advised Mr. Dorn that he was being reassigned to the Cleveland District Office, effective April 28, 1974, for the needs of the agency. On April 2, 1974, Mr. Dorn requested that the decision to transfer him be rescinded or postponed, on the grounds that it was arbitrary and punitive in nature and might jeopardize his chances for career advancement, and stated that the transfer would be involuntary on his part. Claimant advised that he would not resist a temporary detail to Cleveland pend- ing his appeal of the transfer. The Regional Director, in a letter dated April 15, 1974, denying his request, stated that the transfer was essential for the efficiency of Region V and the Cleveland District Office. The direction transferring him effective April 28 was again reaffirmed by the Regional Director in a telephone message dated April 26, 1974. After complying with the transfer order, Mr. Dorn continued to seek rescission of the reassignment through informal and formal grievance procedures, adding personal reasons concerning his-family to his

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