Unpublished Dispositionpaul E. Cofield, Petitioner, v. Merit Systems Protection Board, Respondent, 824 F.2d 979 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 824 F.2d 979 (Fed. Cir. 1987) June 8, 1987

Before RICH and DAVIS, Circuit Judges, and NICHOLS, Senior Circuit Judge.


The Merit Systems Protection Board (board), in DC315H8610034, dismissed for lack of jurisdiction Paul E. Cofield's appeal of his removal by the agency for unsatisfactory performance and conduct because petitioner was serving in a trial period status under a Veterans Readjustment Appointment (VRA). We affirm.

A VRA appointee terminated while serving a trial period may appeal to the board if he or she alleges that the termination was motivated by partisan political reasons or marital status. 5 CFR 315.806. Petitioner so alleged, but wholly failed, as the board found, to provide any supporting evidence. Bare allegations of discrimination are not enough to confer jurisdiction on the board. Hill v. Department of Air Force, 796 F.2d 1469, 1470-71 (Fed. Cir. 1986). The board's decision was not arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with law. See 5 USC 7703(c).