Unpublished Dispositioncharles M. Connett, Petitioner, v. Department of the Navy, Respondent, 824 F.2d 978 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 824 F.2d 978 (Fed. Cir. 1987) May 26, 1987

Before MARKEY, Chief Judge, and RICH and NIES, Circuit Judges.

PER CURIAM.


DECISION

The Merit Systems Protection Board (board) in SF07528510912 sustained the removal of Charles M. Connett from his position as an engineering technician because of an actual conflict of interest between his civil service position and his financial involvement with a contractor, and falsification of a material fact in connection with an official record. We affirm.

The record is replete with evidence supporting the agency's removal of petitioner for violation of the conflict-of-interest provisions at issue applicable to Navy personnel. Petitioner's arguments with respect to 18 USC Sec. 208 are irrelevant because petitioner was not charged with violation of that statute. Petitioner's allegation that the Navy improperly required him to fill out DD Form 1555 is not persuasive because at most the Navy's action was harmless error, and the remaining charge is sufficient to warrant removal. The decision of the board was not arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with law. See 5 USC 7703(c).