Wilson v. Department of the Navy, No. 15-3225 (Fed. Cir. 2016)Annotate this Case
Wilson was a civilian Resource Analyst at the Nuclear Propulsion Directorate at the Naval Sea Systems Command, which required a Department of Energy security clearance. The DOE revoked Wilson’s security clearance, stating that Wilson: knowingly brought a personal firearm onto a Navy facility in violation of regulations; armed himself with a personal weapon while acting as a Metropolitan Police Department reserve officer, contrary to regulations; and made false statements and false time and attendance entries to his civilian employer, the Naval Reserve Unit and the MPD. Wilson maintains that he brought his firearm to the facility in response to the 2013 Washington Navy Yard shooting, in perceived compliance with his duty as a Navy Reservist, and requested reinstatement under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301. The Navy removed Wilson from federal service. A Merit Systems Protection Board administrative judge determined that the Board lacked authority to consider claims of discrimination or reprisal in the context of a removal based on security clearance revocation; that the Navy provided him the procedural protections of 5 U.S.C. 7513(b); and that the Navy did not have a policy to reassign employees to alternate positions that do not require a security clearance. The Federal Circuit affirmed the Board’s finding that it lacked the authority to consider Wilson’s USERRA claim.