Unpublished Dispositionrichard A. Becker, Petitioner, v. Department of the Army, Respondent, 826 F.2d 1071 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 826 F.2d 1071 (Fed. Cir. 1987) July 13, 1987

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NIES, Circuit Judge.


The decision of the Merit Systems Protection Board (board) in No. NY315H8610529, dismissing the petitioner's appeal for lack of jurisdiction, is affirmed. The petitioner's allegations of reprisal, due process violations, violations of the Freedom of Information Act, and the like, do not show any error in the board's decision that the appeal of his 1977 termination was barred by res judicata and that the board had no jurisdiction over the Army's failure to reemploy him. Accordingly, we affirm the board's decision because it was not arbitrary, capricious, an abuse of discretion, unsupported by the evidence, or otherwise not in accordance with law. See 5 USC 7703(c).