Barry J. Abell v. Department of the Navy

SCHALL, Circuit Judge.

Barry J. Abell petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that sustained his non-selection by the Department of the Navy (“Navy”) for the position of GS-13 General Engineer. Abell v. Dep’t of Navy, 92 M.S.P.R. 397 (2002). In his appeal to the Board, Mr. Abell argued that the Navy violated his right under the Veterans Employment Opportunity Act of 1998 (“VEOA”) to compete for one of three vacant positions when it cancelled the announcement after only filling two of the vacancies. The Board rejected Mr. Abell’s argument. The…