John Paul Jones, III v. Department of Health and Human Services
Background
- Appellant John Paul Jones, III, a pro se employee, appealed a decision under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301–4333, against the Department of Health and Human Services.
- An administrative judge issued an initial decision denying Jones’s request for corrective action.
- Jones filed a petition for review to the Merit Systems Protection Board (MSPB).
- The Board considered whether the initial decision contained legal or factual error or whether new, material evidence justified review under 5 C.F.R. § 1201.115.
- The Board found no basis to grant review, concluded the petitioner failed to meet the regulatory standards for reopening or reversal, and affirmed the initial decision as the Board’s final order.
- The Board’s order is nonprecedential and advises Jones of his right to seek review before the U.S. Court of Appeals for the Federal Circuit within 60 days (citing Pinat v. Office of Personnel Management regarding strictness of that deadline).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial decision denying corrective action under USERRA should be reversed or the record reopened | Jones argued corrective action was warranted under USERRA (challenged agency action) | Agency defended the initial decision; opposed reopening or reversal | MSPB denied the petition for review; affirmed the initial decision—no error or new material evidence under 5 C.F.R. § 1201.115 |
Key Cases Cited
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (court will generally not waive statutory filing deadlines; untimely filings are subject to dismissal)