Patsy L. Julius, Petitioner, v. the Department of the Army, Respondent, 852 F.2d 1293 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 852 F.2d 1293 (Fed. Cir. 1988)

June 16, 1988


Before MARKEY, Chief Judge, and RICH and PAULINE NEWMAN, Circuit Judges.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board, No. DC31518710018, dismissing for lack of jurisdiction the appeal of Patsy L. Julius from her return to the position of GS-7 Recreation Specialist, is affirmed.

OPINION

The Board held that the agency's letter to Ms. Julius stating that her probationary period commenced on June 16, 1985 was clearly in error. We discern no reversible error in the Board's resolution of this issue, or in the other bases of the Board's decision, including that Ms. Julius' time as acting director could not substitute for the probationary period after her official appointment on August 25, 1985. We affirm on the basis of the Board's modified decision of September 24, 1987.