Alton T. Webster v. Department of the Army

NIES, Chief Judge,*

dissenting.

I would vacate the administrative judge’s affirmance of Webster’s removal and remand for reconsideration of the chosen penalty and of the defense of reprisal. Even including the two charges I believe were improperly sustained, the administrative judge (AJ) made a major reduction in the number of sustained charges. The nature of the conduct underlying these sustained charges and the failure of the AJ to consider a relevant mitigating factor precludes affirmance of the penalty. Further, the AJ found no reprisal under an incorrect legal standard and, thus, his…