Frederick A. R. Drew v. U. S. Department of the Navy and Merit Systems Protection Board
Court of Appeals for the D.C. Circuit
1Per curiam
Petitioner Drew, a Medical Records Technician with the Department of the Navy in San Diego, California, was dismissed from his post for performing “unacceptably” as defined in 5 U.S.C. § 4303 (Supp. II 1978). On review, the Merit Systems Protection Board (“Board”) affirmed that dismissal. Subsequently, in a case with similar facts, the Board invalidated the procedure earlier followed in dismissing petitioner. The Navy, acknowledging that Drew’s dismissal could not stand, requested reconsideration (J.A. 376) of petitioner’s dismissal under a second statute, 5 U.S.C. Chapter 75, which…
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