John Cancio, Petitioner, v. Department of the Army, Respondent, 854 F.2d 1327 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 854 F.2d 1327 (Fed. Cir. 1988) July 12, 1988

Before BISSELL, Circuit Judge, SKELTON, Senior Circuit Judge, and ARCHER, Circuit Judge.


The final decision of the Merit Systems Protection Board (MSPB or board), 36 M.S.P.R. 64 (1988), sustaining the removal of petitioner, John Cancio, from the position of Computer Equipment Analyst, GS-9, at the Watervliet (N.Y.) Arsenal for unacceptable performance, is affirmed. Petitioner contends that he was not given "adequate training" during his performance improvement period and that the board incorrectly decided that there was "no nexus between [his] whistleblower activity and the opportunity given to [him] to improve his performance." These contentions were fully considered by the MSPB and we affirm on the basis of the board's opinion and order dated January 25, 1988 and the initial decision of the administrative judge dated February 6, 1987.