Gilbert v. United States

OPINION

REGINALD W. GIBSON, Judge:

I. Introduction

This civilian pay case presents a claim for back pay by the plaintiff, Dr. Joseph Gilbert, arising out of the Veterans Administration’s (VA) alleged failure in 1974 to formally effect his then approved transfer from the Atlanta VA hospital (A-VAH) to the Birmingham VAH. In essence, plaintiff seeks the benefit from a position that he has never occupied nor performed any services with respect thereto, but to which he claims the VA should have acted in 1974 to formally appoint him. Plaintiff also seeks reinstatement with the A-VAH following a…