Background
Dr. Batrina Martin worked as a Health Systems Specialist for the Department of the Navy. In April two thousand and seventeen, the agency removed her from federal employment under Section seven five one three of Title five of the United States Code. The removal was based on four charges: unauthorized absences without medical documentation, failure to maintain a regular work schedule, untimely completion of work assignments, and misuse of government computer resources for outside employment. Dr. Martin appealed to the Merit Systems Protection Board, submitting additional medical records during the appeal. The Board-affigned administrative judge affirmed the removal without addressing the new records. The full Board later affirmed the decision, supplementing its analysis to address the additional medical evidence.
The court’s reasoning
The court explained that it reviews the final order of the Board, not the initial decision of the administrative judge. The Board expressly considered the additional medical evidence in its final decision. The court found that the Board correctly determined the additional evidence did not undermine the finding that Dr. Martin failed to provide acceptable documentation for her absences. The court also noted that the Board reasonably concluded that removal was a penalty supported by the Douglas factors, even after weighing Dr. Martin’s health conditions as a mitigating factor.
What it means going forward
The decision reinforces that federal agencies may remove employees for cause under the efficiency of the service standard, provided the Merit Systems Protection Board properly considers all relevant evidence in its final ruling. It clarifies that the Federal Circuit’s review is limited to the Board’s final decision.