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TIERNEY v. DEPARTMENT OF JUSTICE

No. 2011-3159.

717 F.3d 1374 (2013)

Timothy J. TIERNEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

June 20, 2013.

Attorney(s) appearing for the Case

David A. Fallon , Tully Rinckey P.L.L.C., of Albany, NY, argued for petitioner. On the brief was Steven L. Herrick , of Washington, DC.

Michael P. Goodman , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Brian M. Simkin , Assistant Director.

Before MOORE, BRYSON, and O'MALLEY, Circuit Judges.

MOORE, Circuit Judge.

Timothy J. Tierney appeals from the final decision by the Merit Systems Protection Board (Board) denying his request for corrective action with respect to days for which Mr. Tierney alleged that he was improperly charged annual leave or leave without pay while performing reserve military duties. Because the Board's decision is not supported by substantial evidence, we reverse and remand.

BACKGROUND

Under 5 U.S...

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