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DUNCAN v. DEPARTMENT OF THE AIR FORCE

No. 2011-3053.

674 F.3d 1359 (2012)

Nyles DUNCAN, Petitioner, v. DEPARTMENT OF THE AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

March 29, 2012.

Attorney(s) appearing for the Case

Andrew L. McNamara , Tully Rinckey, P.L.L.C., of Albany, New York, argued for petitioner. Of counsel were Mathew B. Tully and Steven L. Herrick .

Douglas T. Hoffman , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief was Nina R. Padalino , Captain, United States Department of the Air Force, of Washington, DC.

Before RADER, Chief Judge, O'MALLEY, and REYNA, Circuit Judges.

RADER, Chief Judge.

The Merit Systems Protection Board ("Board") held that as a matter of law the petitioner Nyles Duncan had not provided sufficient evidence to substantiate his claim. Because, under the facts of this case, Mr. Duncan failed to offer sufficient evidence to support his claim, this court affirms.

I.

Federal employees are entitled up to 15 days each year of military leave to attend training as a member of a reserve of the armed forces...

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