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Hall v. Department of the Air Force

Finding of the Merit System Protection Board that petitioner voluntarily resigned was affirmed because the presumption of voluntariness with regard to retirement from federal service was not rebutted by evidence of any duress, coercion, misrepresentation or deception on the part of the Air Force.

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Charles W. Hall seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal. Hall v. Dep’t of the Air Force, No. SF0752000048-I-1 (August 18, 2000). We affirm.

I.

Mr. Hall began his service with the Air Force in August 1997 as a Personnel Assistant at McClellan Air Force Base, California. After a relocation to Kadena Air Force Base in Japan, Mr. Hall was eventually employed as a Guidance Counselor in the Education Office in February 1999. On May 18, 1999, Mr. Hall’s mother-in-law and his two children, all of whom lived with the petitioner, were referred to the agency’s Family Advocacy Program (“FAP”) based upon a neighbor’s complaint of possible mistreatment by the petitioner. The mother-in-law reported that the petitioner prohibited her from having friends or outside contact, abused her physically and sexually, and severely restricted the amount of food to be eaten by herself and his children. Mr. Hall was interviewed that same day and denied the allegations made by his mother-in-law. Two days later, Mr. Hall filed a “Request for Early Departure of Dependents” so that his mother-in-law and two children could return to Cebu City, Philippines, Mr. Hall’s permanent residence.

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