John W. Springfield v. Department of the Navy
Background
- Appellant was a Boatswain Mate with Military Sealift Command; agency issued a removal notice on Nov 3, 2015 for shoplifting from a Naval Exchange in Japan; appellant resigned Nov 6, 2015.
- Appellant filed an appeal challenging the removal; agency moved to dismiss for lack of jurisdiction contending the action was a voluntary resignation.
- Administrative judge issued a jurisdictional order, took briefing, and dismissed the appeal for lack of jurisdiction without a hearing, finding the appellant failed to nonfrivolously allege coercion.
- Appellant petitioned for review, arguing his resignation was coerced because the agency had no reasonable basis to sustain a removal (off‑duty misconduct unrelated to job) and relied on counsel’s advice to resign.
- The Board reviewed whether the appellant made nonfrivolous allegations that his resignation was involuntary (coerced or due to agency misinformation) and whether a nexus existed between off‑duty theft and efficiency of the service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board has jurisdiction over the appeal of a resignation challenged as coerced | Appellant: resignation was coerced because agency issued removal notice that could not be sustained (off‑duty theft unrelated to job) | Agency: appellant voluntarily resigned; no involuntariness alleged that would establish jurisdiction | Held: Dismissal affirmed—appellant failed to nonfrivolously allege coercion; no jurisdiction |
| Whether an agency must have reasonable grounds to threaten removal to render a resignation coerced | Appellant: agency knew or should have known nexus could not be established, so threat was coercive | Agency: had reasonable basis to allege nexus between theft and efficiency of service | Held: Appellant’s bare allegations insufficient; agency plausibly could establish nexus; no nonfrivolous claim |
| Whether reliance on counsel’s advice can make a resignation involuntary attributable to the agency | Appellant: counsel told him to resign to preserve future federal employment; this rendered resignation involuntary | Agency: resignation resulted from appellant’s chosen representative, not agency coercion | Held: Board affirmed that appellant bears responsibility for chosen representative’s advice; agency not liable for counsel’s incompetence |
| Applicability of precedent limiting reliance on presumptions of nexus in off‑duty misconduct cases | Appellant: relies on D.E. (9th Cir.) to argue presumption of nexus was insufficient so agency should have known it would fail | Agency: case law supports finding nexus in theft cases and agency could show nexus by various means | Held: D.E. inapposite; issue was whether agency knew it could not establish nexus by any acceptable evidence — appellant did not show that |
Key Cases Cited
- Garcia v. Department of Homeland Security, 437 F.3d 1322 (Fed. Cir. 2006) (involuntary resignation equivalent to removal; nonfrivolous allegation entitles appellant to jurisdictional hearing)
- Kruger v. Department of Justice, 32 M.S.P.R. 71 (M.S.P.R. 1987) (three means to show nexus between off‑duty misconduct and efficiency of the service)
- Stuhlmacher v. U.S. Postal Service, 89 M.S.P.R. 272 (M.S.P.R. 2001) (recognition of nexus between off‑duty theft and efficiency of the service)
- D.E. v. Department of the Navy, 721 F.2d 1165 (9th Cir. 1983) (mere reliance on a presumption of nexus based on egregious off‑duty misconduct may be insufficient to prove actual adverse impact)