Kirkendall v. Department of the Army

BRYSON, Circuit Judge, with whom LOURIE, RADER, and DYK, Circuit Judges, join, and with whom SCHALL and LINN, Circuit Judges, join in part,

dissenting.*

I respectfully dissent as to both issues in this case. With respect to the first issue— whether equitable tolling may apply to the 15-day limitations period under the Veterans Employment Opportunities Act of 1998 (“VEOA”), Pub.L. No. 105-339 — 1 join Judge Moore’s dissent. With respect to the second issue — whether a complainant has an automatic right to a hearing before the Merit Systems Protection Board under the Uniformed Services Employment…