United States Federal Circuit
Kirkendall v. Dep't of the Army, 08-3342
Merit Systems Protection Board judgment is reversed where plaintiff's rights under the Veterans Employment Opportunities Act rights were violated and he was entitled to corrective relief as plaintiff had the right to have his experience as related in his military documents credited as part of his application. The Board's final decision denying plaintiff relief on his Uniformed Services Employment and Reemployment Rights Act claim is vacated where the Board abused its discretion in failing to draw adverse inferences against defendant with respect to its knowing destruction of pertinent documents while the case was underway.
Appellate Information
- Decided 07/27/2009
- Published 07/27/2009
Judges
Court
- United States Federal Circuit