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B-221623 1 (1986-03-24)

handle is hein.gao/gaobadmfw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OP THE UNITED STATUE WASHINOTON, O. C. 20548 FILE: B-221623 OATE: March 24, 1986 MATTER OF: Roberta L. Randall - Backpay - Forced Resignation OIGEST: Employee contends that she was forced to resign for fear of retaliation against her because she assisted Air Force investiga- tors with investigation of overtime fraud, After obtaining another position with Air Force at a lower grade employee claims backpay for period of unemployment and time at reduced grade, and relocation expenses. Appropriate authority for consideration of voluntariness of resignation is Merit Sys- tems Protection Board, and without finding of unwarranted or unjustified personnel action by that appropriate authority, there is no basis for backpay award. Even if backpay could be awarded, Back Pay Act does not authorize payment of relocation expen- ses. This decision is in response to a request from Mrs. Roberta L. (Mayer) Randall, an employee of the Defense Department, for a review of our Claims Group's Settlement, Z-2853885, February 20, 1985, which determined that Mrs. Randall was not entitled to reimbursement for backpay or other expenses. For the reasons set forth below, we hold that Mrs. Randall's claim must be denied. The record indicates that Mrs. Randall was employed by the Department of Defense and stationed at Pope Air Force Base, North Carolina, until June 11, 1983, when she resigned. Prior to the time of her resignation, Mrs. Randall contends that she assisted Air Force investi- gators in an investigation of overtime fraud at Pope Air Force Base and that it was due to fear of retaliation by her superiors for that assistance that she resigned her position. Upon resignation, Mrs. Randall moved to Arizona and by October 1983 was once again employed by the Depart- ment of Defense at Williams Air Force Base. Mrs. Randall claims that because she feared poor performance appraisals as a result of her involvement in

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