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DREW v. U. S. DEPT. OF THE NAVY

No. 80-2352.

672 F.2d 197 (1982)

Frederick A. R. DREW, Petitioner, v. U. S. DEPARTMENT OF THE NAVY and Merit Systems Protection Board, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 1982.

Attorney(s) appearing for the Case

Stuart A. Kirsch, Washington, D. C., with whom James R. Rosa, Washington, D. C., was on brief for petitioner.

Michael J. Ryan, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time brief was filed, Royce C. Lamberth and Kenneth M. Raisler, Asst. U. S. Attys., Washington, D. C., were on brief for respondents.

Before MacKINNON, WALD and MIKVA, Circuit Judges.

Opinion for the court PER CURIAM.

Opinion dissenting filed by Circuit Judge MIKVA.

PER CURIAM:

Petitioner Drew, a Medical Records Technician with the Department of the Navy in San Diego, California, was dismissed from his post for performing "unacceptably" as defined in 5 U.S.C. § 4303 (Supp. II 1978). On review, the Merit Systems Protection Board ("Board") affirmed that dismissal. Subsequently, in a case with similar facts, the Board invalidated...

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