Mosely v. Department of the Navy

Petitioner seeks review of a final decision of the Merit Systems Protection Board (MSPB), which sustained the MSPB’s presiding officer’s decision dismissing petitioner’s appeal for want of jurisdiction. The presiding officer found that the action taken by the Department of the Navy in placing petitioner on sick leave did not constitute a suspension within the meaning of 5 U.S.C. §7501(2) (Supp. II 1978), and therefore, that he was not entitled to the procedural protection of 5 U.S.C. §§ 7512 and 7513. Before this court, petitioner seeks restitution of all the annual and sick leave which he…