United States Federal Circuit

In a case in which a former civilian employee of the Navy, who was on the job for less than a year but who had previously served for 26 years in the Army, sought to appeal his termination to the Merit Systems Protection Board, the Board's dismissal of the appeal is affirmed, where: 1) the petitioner did not have the right to Board review of his removal because he did not have "one year of current continuous service" as required by statute; and 2) an Office of Personnel Management regulation defining "current continuous service" as limited to "Federal civilian employment" embodied a reasonable interpretation of the statute and was entitled to Chevron deference; and 3) the Board did not have jurisdiction to address the petitioner's assertion that his removal was the product of racial discrimination.

Appellate Information

• Decided 04/09/2012
• Published 04/09/2012

Judges

• Bryson

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Brandon O. Moulard, Katherine M. Smith