Leatherbury v. Department of the Army

DYK, Circuit Judge.

Richard A. Leatherbury (“Leather-bury”) appeals a final decision of the Merit Systems Protection Board (“Board”) upholding the Department of the Army’s (“agency”) removal of Leatherbury from his position with the U.S. Army Corps of Engineers. Because we conclude that one of the three charges sustained by the Board was not supported by substantial evidence, and that the Board improperly overturned credibility findings of the Administrative Judge (“AJ”) on another charge, we reverse and remand.

BACKGROUND

Leatherbury, at the time of his removal, held the position of Assistant…