United States Federal Circuit

A decision denying in part a petition for relief under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is reversed in part and remanded where the Merit Systems Protection Board erred by declining to order the government to correct petitioner's personnel records for the days he was improperly charged military leave in violation of Butterbaugh v. Dep't of Justice, 336 F.3d 1332 (Fed. Cir. 2003).

Appellate Information

• Decided 08/29/2007
• Published 08/29/2007

Judges

• MAYER, Circuit Judge., Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mathew B. Tully, Tully, Rinckey & Associates, of Albany, NY, for petitioner.


• For Appellees:
  
• Douglas K. Mickle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Assistant Director.   Of counsel on the brief was Paul M. Schneider, Office of General Counsel, Federal Bureau of Prisons, of Washington, DC.