Tierney v. Department of Justice

MOORE, Circuit Judge.

Timothy J. Tierney appeals from the final decision by the Merit Systems Protection Board (Board) denying his request for corrective action with respect to days for which Mr. Tierney alleged that he was improperly charged annual leave or leave without pay while performing reserve military duties. Because the Board’s decision is not supported by substantial evidence, we reverse and remand.

Background

Under 5 U.S.C. § 6323(a)(1), federal employees who are members of the National Guard are entitled to take up to fifteen days of annual military leave “without loss in pay, time,…