Larry D. Starkey v. Department of the Navy

PLAGER, Circuit Judge.

This is a case of first impression, involving the question of whether constructive service time counts in determining preference eligibility for reduction-in-force (“RIF”) protection. Richard D. Starkey appeals from a decision of the Merit Systems Protection Board (“MSPB”), No. AT0752980382-I-1 (Aug. 19, 1998), which dismissed his case on the grounds that he had voluntarily resigned, and therefore the Board lacked jurisdiction. Because the MSPB’s decision, which became final on March 5, 1999, was not supported by substantial evidence, see 5 U.S.C. § 7703(c)(1) (1994), we…