United States Federal Circuit

The decision of the Merit Systems Protection Board (Board), holding that it did not have jurisdiction to review petitioner's termination of his employment by the Department of Defense and the Department's denial of his request for voluntary early retirement is affirmed in part and reversed in part where: 1) it was not legal error for the agency to terminate petitioner's employment when he no longer possessed the requisite security clearance status; but 2) the Board's ruling as to its authority to review the denial of petitioner's retirement request is reversed as the Department's retirement decision is reviewable by the Board, independent of the revocation of petitioner's security clearance issue.

Appellate Information

• Decided 08/10/2012
• Published 08/10/2012

Judges

• Newman

Court

• United States Federal Circuit

Counsel