Leonard G. Mcgregor, Petitioner, v. Nuclear Regulatory Commission, Respondent, 887 F.2d 1095 (Fed. Cir. 1989)

DECISION

Leonard G. McGregor (petitioner) appeals the final decision of the Merit Systems Protection Board (board), Docket No. CHO7528810310, affirming the Nuclear Regulatory Commission's (NRC) decision to remove McGregor from his position as a Senior Resident Inspector. We affirm.

OPINION

After reviewing all of the petitioner's arguments, this court affirms the decision of the board because we have not found that decision to be:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(2) obtained without procedures required by law, rule or regulation having been followed; or

(3) unsupported by substantial evidence.

5 U.S.C. § 7703(c) (1982); See Hayes v. Department of Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984).

We have considered McGregor's argument regarding the credibility determinations of the board's administrative judge, and have found such argument to be unpersuasive. Nothing in the record suggests that the administrative judge's credibility determinations were inherently improbable or discredited by undisputed fact or physical evidence. See Carosella v. United States Postal Service, 816 F.2d 638, 641 (Fed. Cir. 1987).

We have also considered McGregor's argument regarding the propriety of the penalty imposed by the NRC, and have found such argument to be unpersuasive. Under the circumstances shown, removal was reasonable and within the discretionary authority of the NRC. See id. at 643.