Romero v. Department of Defense

Opinion for the court filed by Circuit Judge PROST. Concurring opinion filed by Circuit Judge DYK.

PROST, Circuit Judge.

Wilfredo Romero was employed as an auditor at the Department of Defense (“DoD”). In December 2006, Mr. Romero was removed from his position for failing to maintain his Secret level security clearance. He appealed the removal action to the Merit Systems Protection Board (“MSPB”). The MSPB affirmed the action. This court vacated the MSPB’s decision and remanded for the MSPB to determine whether Mr. Romero could show harmful error resulting from the DoD’s failure to follow its…