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Smiley v. Dep't of Defense, 10-3039

By FindLaw Staff on October 12, 2010 | Last updated on March 21, 2019

Merit Systems Protection Board's Decision Sustaining Petitioner's Removal From His Position at the Defense Logistics Agency Affirmed

Smiley v. Dep't of Defense, 10-3039, concerned a challenge to a final decision by the Merit Systems Protection Board's (Board) sustaining petitioner's removal from the position of Supervisory Supply Technician at the Defense Logistics Agency's New Cumberland, Pennsylvania facility.  In affirming, the court held that a review of the record demonstrates that substantial evidence supports the Board's decision sustaining petitioner's removal.  Further, the record is clear that the deciding official considered each of the pertinent Douglas factors, and, where appropriate, gave petitioner mitigating credit.

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