U.S. COURT OF APPEALS - FEDERAL CIRCUIT ISSUES OPINION ON JOSE E. ROSARIO-FABREGAS V/S DEPARTMENT OF THE ARMY CASE

WASHINGTON, May 7 -- The U.S. Court of Appeals for the Federal Circuit issued the following opinion on April 9:

In 2018, Jose Rosario-Fabregas was removed from his position as a Biologist (Project Manager) with the United States Army Corps of Engineers (Army or agency) based on charges of absence without leave (AWOL), excessive absence, and insubordination. Supplemental Appendix (SAppx)225-26. Mr. Rosario-Fabregas appealed the agency's removal decision to the Merit Systems Protection Board. SAppx232-37. The assigned administrative judge issued an initial decision, which sustained the AWOL and excessive-absence charges but not the insubordination charge, and which sustained the removal penalty. SAppx37-64. The full Board, on Mr. Rosario-Fab...