Morris v. Brewer v. American Battle Monuments Commission

PAULINE NEWMAN, Circuit Judge.

The decision of the Merit Systems Protection Board (the board), 23 M.S.P.R. 554, reinstating petitioner’s reduction in grade and refusing on jurisdictional grounds to review his transfer to another post is vacated, and remanded for reconsideration of the propriety of the penalty imposed, in view of our conclusion that both the demotion and the transfer were inseparable parts of the adverse personnel action.

OPINION

I

Petitioner Morris V. Brewer was initially charged by the agency with diverting, for personal gain, $1,025.53 worth of government property, and the…