John Paul Jones, III v. Department of Health and Human Services
Background
- Appellant: John Paul Jones, III (pro se) appealed seeking corrective action under the Veterans Employment Opportunities Act of 1998 (VEOA).
- The 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).
- The Board reviewed the petition under the standards for granting review in 5 C.F.R. § 1201.115 (errors of fact/law, procedural error, or new material evidence/argument).
- The Board concluded Jones did not establish any basis for review, denied the petition, and affirmed the initial decision as the Board’s final decision.
- The Board advised Jones of his right to seek review in the U.S. Court of Appeals for the Federal Circuit within 60 days and cited Pinat v. Office of Personnel Management regarding strictness of that filing deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial decision contained errors of fact or law warranting review | Jones argued the initial decision was incorrect and sought corrective action under VEOA | Agency defended the initial decision and opposed corrective action | Board held Jones did not show errors of fact or law; petition denied |
| Whether procedural error or new evidence/argument warrants review | Jones claimed grounds for review (procedural error or new material evidence/argument) | Agency contended no such grounds existed or were shown | Board held Jones failed to meet the regulatory standards for granting review |
Key Cases Cited
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (Federal Circuit recognizes that filing deadlines for appeals are normally not waivable)