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Kirkendall v. Dep't of the Army, No. 08-3342

Merit Systems Protection Board judgment is reversed where plaintiff's rights under the Veterans Employment Opportunities Act rights were violated and he was entitled to corrective relief as plaintiff had the right to have his experience as related in his military documents credited as part of his application. The Board's final decision denying plaintiff relief on his Uniformed Services Employment and Reemployment Rights Act claim is vacated where the Board abused its discretion in failing to draw adverse inferences against defendant with respect to its knowing destruction of pertinent documents while the case was underway.    

Read Kirkendall v. Dep't of the Army, No. 08-3342

Appellate Information
Petition for review of the Merit Systems Protection Board
Decided: July 27, 2009

Before MAYER, CLEVENGER, and SCHALL, Circuit Judges.
Opinion by CLEVENGER, Circuit Judge.

For Petitioner: Justin S. Herring, Gibson, Dunn & Crutcher LLP, Washington, DC.
For Respondent: Scott D. Austin, United States Department of Justice, Washington, DC.