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United States Federal Circuit


Duncan v. Dep't of the Air Force, 2011-3053

In a Butterbaugh claim seeking compensation for the charging of non-workdays against military leave, the Merit Systems Protection Board's denial of the claim is affirmed, where: 1) to prove the elements of charged military and annual leave, the claimant relied solely upon his own oral testimony and documents created by his counsel's office; and 2) the claimant's testimony was not based on his independent recollection and was not supported otherwise by evidence in the record.

Appellate Information

  • Decided 03/29/2012
  • Published 03/29/2012

Judges

  • Rader

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Andrew L. McNamara, Douglas T. Hoffman

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