Shubinsky v. United States

We adopt plaintiff’s view that the unusual circumstances which surrounded his RIF obviated his responsibility to pursue a timely administrative appeal prior to seeking judicial relief.

Plaintiff is a 10-point preference eligible under the Veterans’ Preference Act of 1944 (VPA), 5 U.S.C. §3309, having lost an arm in service during World War II. He was employed in a civilian capacity by the Department of the Navy at Brooklyn Naval Shipyard from 1942 to 1963, with two interruptions for military duty and to attend college. In 1963, he was transferred to the Naval Applied Science Laboratory (NASL),…