O'Farrell v. Dep't of Def.
Court of Appeals for the Federal Circuit
1Opinion of the Court
Wallach, Circuit Judge.
Petitioner Michael J. O'Farrell, Jr. appealed to the Merit Systems Protection Board ("MSPB"), alleging, inter alia, that his employing agency, the U.S. Department of Defense ("DOD" or "Government") failed to grant him military leave for active military service in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), Pub. L. No. 103-353, 108 Stat. 3149 (codified as amended at 38 U.S.C. §§ 4301 - 4333 (2012) ). An administrative judge ("AJ") issued an initial decision denying Mr. O'Farrell's claim and dismissing his appeal. See…
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