ARB CASE NO. 97-139
(ALJ CASE NO. 97-ERA-39)
DATE: September 16, 1997

In the Matter of:

ASAF DURAKOVIC, M.D.
    COMPLAINANT,

    v.

DEPARTMENT OF VETERANS
AFFAIRS,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

    Before the Board for review is the captioned matter arising under the employee protection provision of the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. §5851 (1988 and Supp. IV 1992). Pursuant to 29 C.F.R. 24.5(e)(4)(ii), the Board issued an Order To Show Cause on September 5, 1997, affording Complainant through August 22, 1997, to show cause why this case should not be dismissed. Complainant did not submit a response to the Show Cause Order. Complainant's certified mail copy of the Order to Show Cause was, in fact, returned to the Board by the United States Postal

Service with the notation "Refused." Accordingly, this matter is DISMISSED WITH PREJUDICE.

    SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member