Daniel J. Miller, Jr. v. United States of America and Department of the Army

OPINION OF THE COURT

BECKER, Circuit Judge.

In November 1980, respondent Department of the Army discharged petitioner Daniel J. Miller from his position as an Electrical Equipment Repairer Helper at the Tobyhanna, Pennsylvania Army Depot. The Army did so after discovering that Miller’s college degree rendered him overqualified for that position under 38 U.S.C. § 2014 (1976). Miller appealed the discharge to the Merit Systems Protection Board (MSPB), which dismissed his appeal on jurisdictional grounds. The MSPB ruled that, because Miller’s appointment was void ab initio, he was not an…