Alan E. Johnson, Petitioner, v. Department of the Interior, Respondent, 871 F.2d 1096 (Fed. Cir. 1989)

DECISION

The decision of the Merit Systems Protection Board, 37 M.S.P.R. 414 (1988), sustaining the Bureau of Land Management's reduction of Alan Johnson, as mitigated, from Supervisory Computer Specialist, GM-13, to Computer Systems Analyst, GS-12, step 10, is affirmed.

OPINION

Johnson finds support for his contention that his reduction for unsatisfactory performance should have been brought under chapter 43 instead of chapter 75 in a unique, but plainly wrong, interpretation of Lovshin v. Department of the Navy, 767 F.2d 826 (Fed. Cir. 1985). In that case, we explained that it is entirely proper to proceed under chapter 75 when a preponderance of the evidence establishes the performance-based deficiency and the agency demonstrates the adverse action promotes the "efficiency of the service." Id. at 840-43; see also Fairall v. Veterans Admin., 844 F.2d 775 (Fed. Cir. 1988). There is nothing objectionable in the Board's decision that removal of Johnson from a supervisory position and reduction in grade was warranted and promoted the efficiency of the service. See Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984).