SF-1221-22-0606-W-1
MSPBMar 20, 2025Background
- Kui Myles (appellant) filed an individual right of action (IRA) appeal with the Merit Systems Protection Board (MSPB) against the Department of Homeland Security (DHS), seeking corrective action.
- The administrative judge denied Myles's request for corrective action.
- Myles subsequently filed a petition for review of that initial decision with the MSPB.
- Vice Chairman Kerner recused himself from this case, leaving the Board without a quorum to alter the initial decision.
- As a result, the initial decision became the final decision of the MSPB in this appeal, but is not precedential for future cases.
Issues
| Issue | Myles' Argument | DHS' Argument | Held |
|---|---|---|---|
| Denial of corrective action sought in IRA appeal | Corrective action warranted | No basis for corrective action | Denied; no relief granted to Myles |
| Adequacy of MSPB review process without quorum | Should reconsider decision | Initial decision stands | Initial decision deemed final by default |
Key Cases Cited
- Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017) (explaining jurisdiction and procedural options for review of discrimination claims in MSPB cases)