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B-236754 1 (1990-03-21)

handle is hein.gao/gaobadnsc0001 and id is 1 raw text is: HOWCLw The Comptroller General of the United States Wahington, D.C. 204 Decision Matter of: Andrea V. Gabriel File: B-236754 Date: March 21, 1990 DECISION Ms. Gabriel, a former employee of the Department of Agriculture, was reassigned from a position in Berkeley, California, to a position in Washington, D.C., effective December 7, 1986. She refused the reassignment and failed to report for duty in Washington. She was placed in absence-without-leave (AWOL) status and subsequently removed, effective February 23, 1987, for her failure to report for duty. Ms. Gabriel did not appeal her separation from federal service but rather appealed her placement in AWOL status to the Merit Systems Protection Board (MSPB). The MSPB ruled that the agency's directed reassignment was not an action appealable to the Board, and the MSPB denied her appeal of constructive removal from her position in December 1986.1/ Ms. Gabriel argues that the directed reassignment and placement in AWOL status were improper and should be reversed by our Office.2/ We have reviewed the record before us and find no basis to overturn the agency's actions in this case. We note that the claimant was offered the choice of (1) accepting the reassignment or (2) declining the reassignment, resigning, and applying for placement assistance, but that she chose to decline the reassignment with the understanding that she would be removed for failure to report for duty. The propriety of the agency's actions in this case has been reviewed by the MSPB. As noted in the MSPB opinion cited above, the MSPB administrative judge concluded that the l/ Gabriel v. Department of Agriculture, Docket No. SF07528710211-1 (Sept. 30, 1988). 2/ Mr. Robert L. Neal, Ms. Gabriel's designated representa- tive, has presented this claim.

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