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BROWN v. DEPARTMENT OF THE NAVY

No. 00-3003.

229 F.3d 1356 (2000)

Michael J. BROWN, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided October 20, 2000.

Attorney(s) appearing for the Case

Kevin M. Grile, Assistant General Counsel, American Federation of Government Employees, AFL-CIO, of Chicago, Illinois, argued for petitioner. With him on the brief were Mark D. Roth, General Counsel; and Charles A. Hobbie, Deputy General Counsel, AFGE, of Washington, DC.

Marian E. Sullivan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Kathryn A. Bleecker, Assistant Director. Of counsel was Maj. Peter D. Delorier, United States Marine Corps, of Camp Lejeune, North Carolina.

Before SCHALL, BRYSON, and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge BRYSON. Dissenting opinion filed by Circuit Judge LINN.

BRYSON, Circuit Judge.

Based on a charge of improper personal conduct, Michael J. Brown was removed from his civilian position with the Marine Corps. Mr. Brown appealed his removal to the Merit Systems Protection Board, which upheld the action. Before this court, Mr. Brown contends that the Corps failed to establish a sufficient nexus between the charged off...

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