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EUGENE OULVEY, PETITIONER, v. VETERAN'S ADMINISTRATION, RESPONDENT.

PER CURIAM.

Eugene Oulvey instituted this action against the Veteran's Administration to protest his termination from the position of claims examiner without first being provided a termination hearing. The Veteran's Administration contends that Oulvey was a probationary employee at the time of his discharge and thus not entitled to a termination hearing.

The Merit Systems Protection Board (Board) found that Oulvey was a career-conditional appointment, and therefore was a probationary employee at the time of his termination. The Board further stated that probationary employees terminated for post-appointment reasons may appeal to the Board only if the discharge is based upon the grounds set out in 5 C.F.R. § 315.806. The Board then concluded that because Oulvey alleged no such basis for his termination, the Board lacked jurisdiction to hear Oulvey's appeal.

5 C.F.R. § 315.806 provides, in part, as follows:

We have carefully studied the record, including the Board's opinion, the briefs and listened to the arguments of the parties to this action. We find no merit to appellant's arguments, and accordingly affirm pursuant to Rule 14 of the Rules of this court on the basis of the Board's opinion.

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OULVEY v. VETERAN'S ADMINISTRATION
(Oct 19, 1982)