United States Federal Circuit

Denial by the Merit Systems Protection Board of a request for corrective action under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Veterans Employment Opportunities Act (VEOA) is affirmed where: 1) the agency satisfied its obligation under the VEOA by allowing petitioner-veteran to compete in the merit promotion process; and 2) petitioner did not show that the agency violated USERRA by treating his application differently from that of a non-veteran.

Appellate Information

• Decided 10/31/2008
• Published 10/31/2008

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, RADER and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David Dean of Lugoff, SC, pro se.


• For Appellees:
  
• Maame A.F. Ewusi-Mensah, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   With her on the brief were Gregory G. Katsas, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.   Of counsel was Kenneth S. Kessler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, and Margaret H. Plank, Attorney, Office of General Counsel, Consumer Product Safety Commission, of Bethesda, MD.