Legal Opinion

Johnson v. Department of Defense

Court of Appeals for the Federal Circuit

Decided June 10, 2004No. 03-3266Published

1Per curiam

Annie R. Johnson seeks review of the final decision of the Merit Systems Protection Board dismissing her appeal for lack of jurisdiction. Johnson v. Dep’t of Defense, No. AT3443020766-I-1, 2003 WL 21458241 (M.S.P.B. Jun.19, 2003). Because Johnson was reassigned to a different position without a change in grade level, step or salary, and because Johnson’s former position was not upgraded due to a new or corrected classification standard, the board had no authority to address her appeal pursuant to 5 U.S.C. §§ 7512 and 7513. See Pawn v. Dep’t of the Navy, 265 F.3d 1346, 1348 (Fed.Cir. 2001)…

2Cases cited2 opinions

  1. Ronald L. Spencer v. Department of the NavyCourt of Appeals for the Federal Circuit · 2003
  2. Craig Pann v. Department of the NavyCourt of Appeals for the Federal Circuit · 2001

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