John Paul Jones, III v. Department of Health and Human Services
Background
- Appellant: John Paul Jones, III (pro se); Agency: Department of Health and Human Services; consolidated MSPB appeals DE-4324-15-0475-I-1 and DE-4324-15-0469-I-1.
- Underlying claim: Jones sought corrective action under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
- Administrative judge issued an initial decision denying Jones’s request for corrective action.
- Jones filed a petition for review of the initial decision with the Merit Systems Protection Board (MSPB).
- MSPB considered whether the petition identified any grounds under 5 C.F.R. § 1201.115 (errors of fact/law, procedural error, or new evidence) to disturb the initial decision.
- MSPB denied the petition for review, affirmed the initial decision as the Board’s final action, and provided Jones notice of appeal rights to the U.S. Court of Appeals for the Federal Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial decision denying USERRA corrective action was erroneous | Jones argued he was entitled to corrective action under USERRA | Agency argued the initial decision correctly applied law and facts, so no corrective action warranted | MSPB: No basis shown under §1201.115; initial decision affirmed |
| Whether the AJ made procedural or factual errors warranting review | Jones claimed errors in the AJ’s findings/procedure (petition asserted grounds for review) | Agency maintained record lacks new material evidence or legal error | MSPB: Petitioner did not establish procedural/factual error affecting outcome; denied review |
| Whether new and material evidence/argument exists that was unavailable earlier | Jones asserted additional evidence/arguments justify reopening/review | Agency opposed, noting no new material evidence presented with due diligence | MSPB: No new evidence shown; review denied |
Key Cases Cited
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (Federal Circuit refused to excuse late filings; courts normally cannot waive statutory appeal deadlines)