Roy Mitchell, Petitioner, v. Department of the Navy, Respondent, 848 F.2d 1244 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 848 F.2d 1244 (Fed. Cir. 1988) May 11, 1988

Before NIES, Circuit Judge, BALDWIN, Senior Circuit Judge, and PAULINE NEWMAN, Circuit Judge.


Roy Mitchell seeks review of the Merit Systems Protection Board's final decision, Docket No. PH315H8810057, dismissing, for lack of jurisdiction, his appeal from the Department of the Navy's decision to remove him from his career-conditional position of Machine Tool Operator during his probationary period for unauthorized absence and sleeping on duty. We affirm on the basis of the board's decision. The board correctly held that, because Mitchell was a probationary employee, he had no right to appeal to the board for review of the charges which the agency made against him.