Les E. Templeton v. Office of Personnel Management

FRIEDMAN, Senior Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board (Board) that sustained a decision of the Office of Personnel Management (OPM) denying a former air traffic controller an annuity. 47 M.S.P.R. 592. We vacate and remand.

I

In August 1981, the Federal Aviation Administration (FAA) removed the petitioner Templeton from his position as an air traffic controller for participating earlier that month in the illegal air traffic controllers’ strike. At the time of removal, Tem-pleton was fifty-one years old and had twenty-eight years of federal…