Elvin E. Burkett, Petitioner, v. Veterans Administration, Respondent, 865 F.2d 268 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 865 F.2d 268 (Fed. Cir. 1988) Dec. 15, 1988

Before MARKEY, Chief Judge, and EDWARD S. SMITH and BISSELL, Circuit Judges.

PER CURIAM.


DECISION

The final decision of the Merit Systems Protection Board, Docket No. AT07528810072, affirming the Veterans Administration's (Agency) removal of Elvin E. Burkett, is affirmed.

OPINION

Burkett agrees that his actions warrant some type of penalty. "Determination of an appropriate penalty is a matter committed primarily to the sound discretion of the employing agency." Hunt v. Department of Health and Human Servs., 758 F.2d 608, 611 (Fed. Cir. 1985). "Whether we would have chosen a different penalty is irrelevant." Id. We cannot say that the Agency's removal of Burkett was an abuse of discretion, arbitrary, capricious, in violation of statute, regulation or authorized procedure, or unsupported by substantial evidence. See 5 U.S.C. § 7703(c) (1982); Hunt, 758 F.2d at 611.