Tully v. Department of Justice

Petitioner Mathew B. Tully petitions for review of a decision of the Merit Systems Protection Board, which held that his employer does not owe him payment for 27 holidays which occurred while he was on leave without pay to serve on active duty in the U.S. Army. We affirm the decision of the Board.

I

Mr. Tully served on active duty in the U.S. Army from October 9, 1995, to April 9, 1998. While serving, Mr. Tully was absent from his position with his employer, the Federal Bureau of Prisons (“BOP”), an agency within the U.S. Department of Justice. The Uniformed Services Employment and Reemployment…