Garland D. Jarman v. Department of the Navy

FRIEDMAN, Senior Circuit Judge.

The only question we decide is whether the Merit Systems Protection Board (“Board”) correctly dismissed for lack of jurisdiction the petitioner’s appeal challenging his removal by the Department of the Navy. The answer, as we explain, turns on whether in rescinding a prior removal the Navy had returned the petitioner to the status quo ante. We hold that the Navy had not restored him to the status quo ante and that the Board therefore erred in dismissing the appeal for lack of jurisdiction. We reverse that decision and remand to the Board for further proceedings…