Timothy J. Helgerson, Petitioner, v. Department of the Air Force, Respondent, 74 F.3d 1260 (Fed. Cir. 1996)

Timothy J. Helgerson ("Petitioner") appeals the decision of the Merit Systems Protection Board ("Board"), Docket No. SE-0752-95-0115-I-1 (Apr. 10, 1995), affirming Petitioner's removal from his position as a Firefighter with the Air Force ("agency") for loss of his security clearance. Petitioner challenges the merits of the agency's revocation of his clearance, a matter beyond the jurisdiction of both the Board and this court. Drumheller v. Department of the Army, 49 F.3d 1566, 1571 (Fed. Cir. 1995). Petitioner's assertion that he was not afforded minimal due process to respond to the revocation of his clearance is meritless. Petitioner was given a Notice of Intent to revoke his clearance that stated the specific reasons for the revocation and was allowed to file a response beyond the 60-day response period. After the clearance was revoked, Petitioner was given an opportunity to appeal within the agency but he did not do so. Petitioner further addressed the grounds for his clearance revocation in responding orally to his proposed removal. Petitioner does not dispute that the agency complied fully with the procedural requirements required under 5 U.S.C. § 7513. Accordingly, we affirm the decision of the Board.