Batrina Martin v. Department of the Navy, DC-0752-18-0363-I-1

Batrina Martin was removed from her position as a Health Systems Specialist at the Naval Medical Center in Portsmouth, Virginia.
The Department of the Navy charged Martin with four counts: unauthorized absence, failure to maintain a regular work schedule, failure to complete work assignments on time, and misuse of a government computer.
Martin disputed the charges and raised affirmative defenses including disability and race discrimination, retaliation for EEO activity, and denial of reasonable accommodation.
After a hearing, the MSPB administrative judge sustained all charges, found a valid nexus between her conduct and the efficiency of the service, and deemed removal reasonable.
Martin petitioned for review, submitting new evidence and reasserting her defenses, but the Board denied her petition, affirming the initial decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Unauthorized absence/AWOL	Martin medically incapacitated and provided new records	Absence unauthorized; leave requests properly denied	Charge sustained
Failure to maintain regular schedule	Illnesses excused her absences	Absences extended unreasonably; job required regular presence	Charge sustained
Failure to complete assignments timely	Denied necessary overtime; others granted overtime	Overtime not granted to anyone; extensions already granted	Charge sustained
Unauthorized government computer use	Computer use related to work; occurred outside hours	Used computer for teaching jobs, violating regulations	Charge sustained
Disability discrimination (affirmative)	Removal based on disability; agency violated ADA	No proof removal motivated by disability; no timely request	Defense not proven
Denial of reasonable accommodation	Needed accommodation to perform job duties	Insufficient documentation and untimely request	Defense not proven
Penalty reasonableness	Removal too harsh given circumstances	All charges support removal; Douglas factors considered	Penalty deemed reasonable

Wilson v. Small Bus. Admin., 2024 MSPB 3 (describes requirements for proving AWOL charge)
Thom v. Dep’t of the Army, 114 M.S.P.R. 169 (medical evidence as a defense to AWOL)
Zeiss v. Veterans Admin., 8 M.S.P.R. 15 (agency discretion regarding medical documentation for AWOL)
Pinegar v. Fed. Election Comm’n, 105 M.S.P.R. 677 (standard for reviewing penalty imposed by agency)
Douglas v. Veterans Admin., 5 M.S.P.R. 280 (list of factors relevant to penalty determination)
Foreman v. U.S. Postal Serv., 89 M.S.P.R. 328 (upholding removal for AWOL with prior similar offenses)
Maddux v. Dep’t of the Air Force, 68 M.S.P.R. 644 (removal reasonable despite mitigating factors)