Ronnie A. Jones, Petitioner, v. Department of the Navy, Respondent, 954 F.2d 734 (Fed. Cir. 1992)

Ronnie A. Jones petitions for review of the Merit Systems Protection Board decision, Docket No. SF07529110134, affirming Jones' removal by the Department of the Navy. We affirm.

DISCUSSION

Jones was removed from his position as Motor Vehicle Operator with the Navy on October 12, 1990 after being charged with carelessly dispensing fuel from a fuel truck at a Navy dry dock resulting in a fuel spill into the San Diego Bay. The Board upheld the Navy's removal of Jones.

In his informal brief,¹  Jones argues that a malfunctioning of the fuel gauge led to the fuel spill not his "failure to watch the fuel gauge." However, the Administrative Judge determined that Jones' testimony before the Board "evidences a complete lack of candor" and was "implausible, unsupported and in conflict with the documentary evidence of record." Credibility determinations by the Board are "virtually unreviewable." Hambsch v. Department of Treasury, 796 F.2d 430, 436 (Fed. Cir. 1986). Moreover, the decision to remove Jones was based upon his intentional failure to report the fuel spill to his supervisor as well as his negligence in overfilling the fuel tank. Jones also argues that the Navy "failed to prove each and every element of the charge against the employee." However, the charge against Jones is well documented in the record.

We review the MSPB's decision under a very narrow standard,²  affirming the decision unless it is "(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without procedures required by law, rule, or regulation having been followed; or (3) unsupported by substantial evidence." 5 U.S.C. § 7703(c) (1988); Covington v. Department of Health and Human Servs., 750 F.2d 937, 941 (Fed. Cir. 1984). We discern no error in the Board's decision.