Hoa Nguyen v. Merit Systems Protection Board

Ms. Hoa Nguyen petitions for review of a final decision of the Merit Systems Protection Board (“MSPB” or “the Board”) dismissing her appeal for lack of jurisdiction. Because we agree that Ms. Nguyen has failed to non-frivolously allege that her retirement was involuntary, we agree that the Board lacked jurisdiction, and we affirm.

BACKGROUND

Ms. Nguyen served as a Supervisory Patent Examiner at the United States Patent and Trademark Office (“the agency”). On September 6, 2013, Ms. Nguyen received a Notice of Proposed Reduction in Grade from a Supervisory Patent Examiner to a Patent Examiner.…