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B-187184 1 (1978-04-03)

handle is hein.gao/gaobadfvd0001 and id is 1 raw text is: 

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DECISION


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THE  CfiMPTRLLIR GENERAL
O THE UNITEn STATES
WASHINGTON. 0.0C. a0545




       OAT5E:  April 3, 1978


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MATTER OF:      Robert S. Mulhern - Rack Pay and Reinstatement


CIGEST:


Former civilian employee's claim for back-
pay and reinstatement, based upon allega.
tions that his transfer from the Small
Bssiness Administration (SEA) Milwaukee
Branch Office to the SBA Springfield
Branch Office was wrongful and coerced
his resignation, is disallowed since there
has been no finding of an unjustified or
unwarranted permonnel action by an appro-
priate authority.


    This action is in response to P letter daced December 27, 1977,
from Robert S. Mulhern requesting reconsideration of our deciston
of Match 2, 197,  8-187184, which disallowed his claim for reim-
bursement of csrtain travel expenses and per diem in conn*ction
with his transfer from the Small Business Administration (SBA)
Branch Office in Milwaukee, Wisconsin, to the SBA Branch Office
in Springfield, Illinois.  In addition, Mr. Mulhern now claims
reinstatement to the position SBA Loan Processing Officer, which
he occupied in Milwaukee, and .backpay from the effective date of
his resignation to reinstatement.

    Mr. Mulhern does not suggest our decision of March 2, 1977,
was errceneous, nor does he raise new questions of fact or law
with regard to his claim for reimbursement of trivel expenses and
per diem.  Nevertheless, we have reviewed our previous decision
and concluce that it was properly decided. Mr. Mulhern now makes
a claim for reinstatement and backpay.

    The facts of this case were set forth fully in our previous
decisior nf March 2, 1977, and need not be repeated except as
pertine5t to the present discussion of the case. Briefly restated,
the record shows that claimant was employed as a Loan Officer in
the Milwaukee Branch Office of the SBA. By letter dated March 25,
1974, the Regional Director advised Mr. Mulhern that he was being
reassigned to thc position of Loan Specialist :n the Springfield


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FILE:  8-187184


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