Robert J. Mccarty, Petitioner, v. Department of the Army, Respondent, 883 F.2d 1027 (Fed. Cir. 1989)

DECISION

The decision of the Merit Systems Protection Board (board), SE07528810331, affirming the Department of the Army's removal of Robert J. McCarty (McCarty) for misconduct including failure to act on knowledge of test fraud and providing a false statement of material fact, is affirmed.

OPINION

Substantial evidence supports the finding that McCarty engaged in misconduct justifying his removal from the service. See Mings v. Department of Justice, 813 F.2d 384, 390 (Fed. Cir. 1987); Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984). We agree with the administrative judge that McCarty's assertion that his job responsibilities could have been better defined does not justify his misconduct or save him from removal for it.

McCarty failed to convince us that the board's decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or obtained without procedures required by law, rule, or regulation having been followed, or unsupported by substantial evidence. Accordingly, we affirm on the basis of that thorough decision. 5 U.S.C. § 7703(c) (1982); see Hayes, 727 F.2d at 1537.

McCarty's assertions about the composition of the board and his absence from two investigatory proceedings may not be raised for the first time on appeal. See Meglio v. MSPB, 758 F.2d 1576, 1577 (Fed. Cir. 1984).