Terry Lynn Johnston, Petitioner, v. Department of the Army, Respondent, 891 F.2d 299 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 891 F.2d 299 (Fed. Cir. 1989) Nov. 14, 1989

Before MARKEY, Chief Judge, RICH, Circuit Judge, and EDWARD DUMBAULD, Senior Judge.* 

DECISION

PER CURIAM.


Terry Lynn Johnston (Johnston) appeals from the decision of the Merit Systems Protection Board (board), No. AT315H8810629, dismissing his appeal for lack of jurisdiction. We affirm.

OPINION

The board correctly determined that it lacked jurisdiction because Johnston was properly deemed a probationary employee. 5 U.S.C. §§ 7511-14 (1988); see Stokes v. FAA, 761 F.2d 682, 684 (Fed. Cir. 1985). We cannot consider Johnston's argument on inapplicability of time-in-grade restrictions to his status because it is raised for the first time on appeal. See Meglio v. Merit Sys. Protection Bd., 758 F.2d 1576, 1577-78 (Fed. Cir. 1984).

 *

The Honorable Edward Dumbauld, Senior Judge, United States District Court for the Western District of Pennsylvania, sitting by designation

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