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DYER v. DEPT. OF THE AIR FORCE

2019-2185.

971 F.3d 1377 (2020)

Leonard G. DYER, Petitioner, v. DEPARTMENT OF THE AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: August 21, 2020.

Attorney(s) appearing for the Case

Neil Curtis Bonney , Bonney, Allenberg & O'Reilly, PC, Virginia Beach, VA, argued for petitioner.

Meen Geu Oh , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Ethan P. Davis , Allison Kidd-Miller , Robert Edward Kirschman, Jr. ; Charles L. Young , Office of the Chief Counsel, National Guard Bureau, Arlington, VA; Nadia K. Pluta , Office of General Counsel, United States Office of Personnel Management, Washington, DC.

Before Prost, Chief Judge, Mayer and Taranto, Circuit Judges.

Mr. Leonard Dyer petitions for review of a decision by the Merit Systems Protection Board ("Board") affirming the West Virginia adjutant general's termination of Mr. Dyer from his position as a dual-status military technician with the U.S. Air Force.

The National Guard Technicians Act of 1968 ("NGTA") established authority...

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