Sharpe v. Dep't of Justice

Moore, Circuit Judge.

*1378 Kevin Sharpe appeals a decision of the Merit Systems Protection Board ("MSPB") denying his request for corrective action under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). Because we hold that the MSPB abused its discretion in excluding evidence, we vacate the MSPB's decision and remand for further proceedings.

BACKGROUND

Mr. Sharpe has been employed as an agent at the Drug Enforcement Agency ("DEA") since 1995. Until 2008, he also served as a reservist in the United States Navy. While at the DEA, Mr. Sharpe was deployed three times as a…