Johnny B. Schwaller, Petitioner, v. Department of the Army, Respondent, 887 F.2d 1095 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 887 F.2d 1095 (Fed. Cir. 1989) Sept. 22, 1989. Rehearing Denied Oct. 23, 1989

Before FRIEDMAN, BISSELL and MAYER, Circuit Judges.

PER CURIAM.


DECISION

The final decision of the Merit Systems Protection Board (Board), Docket No. AT07528810608, dismissing the appeal of Johnny B. Schwaller for lack of jurisdiction, is affirmed.

OPINION

Voluntary actions initiated by an employee cannot be appealed to the Board. Covington v. Department of Health & Human Servs., 750 F.2d 937, 941 (Fed. Cir. 1984). We have considered the entire record and conclude that, in dismissing Schwaller's petition, the Board correctly determined that Schwaller's resignation was voluntary. Accordingly, we affirm the Board's decision on the basis of the administrative judge's opinion.

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