Gulden v. Department of the Army

The plaintiff in this civilian pay case, representing himself, initially sought review, under the Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat. 1111, (relevant sections codified at 5 U.S.C. §§ 1205, 2302, 4301, 7511-12, 7701, 7702), of an adverse determination by the Merit Systems Protection Board (MSPB) that it had no jurisdiction of his appeal. He later asked the court for a determination de novo. The Government asks us to dismiss the appeal and deny the request for a de novo determination, and if we consider the case, that we affirm the decision of the MSPB.

Plaintiff had a…