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Title 5: Administrative Personnel
CHAPTER XCIX: DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS (DEPARTMENT OF DEFENSE-OFFICE OF PERSONNEL MANAGEMENT)
PART 9901: DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS
Subpart H: Appeals
9901.808 - Appeals of mandatory removal actions.
(a) Procedures for appeals of adverse actions to MSPB based on MROs will be the same as for other offenses except as otherwise provided by this section.
(b) If one or more MROs are sustained, the MSPB AJ may not mitigate the penalty.
(c) Only the Secretary may mitigate the penalty within the Department.
(d) If the MSPB AJ or the full MSPB sustains an employee's appeal based on a finding that the employee did not commit an MRO, a subsequent proposed adverse action (other than an MRO) based in whole or in part on the same or similar evidence is not precluded.
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