James B. Dowd, Jr. v. The United States

I respectfully dissent, because I cannot agree with the reasoning of the majority nor with the result it reaches.

This is a simple case, although both the Board (MSPB) and the majority have by their opinions made it appear to be complicated. The sole issue is whether the Board has jurisdiction of the case. The majority recognizes this to be true, but proceeds to disregard the issue and, like the Board, devotes its opinion to a complicated discussion of whether the application of the time-in-grade regulation of the OPM by the Army is an employment practice. As shown below, whether the…