This morning the Federal Circuit released one nonprecedential opinion and five summary affirmances. The nonprecedential opinion affirms a judgment of the Merit Systems Protection Board, which ruled that the Navy did not violate a veteran’s veteran-preference rights. The five summary affirmances are nonprecedential orders affirming decisions under Rule 36. Here are the introductions to the opinions and links to the summary affirmances.
Bumgardner v. Department of the Navy (Nonprecedential)
Sherrod Lewis Bumgardner, Jr., is a disabled veteran who qualifies for a 10-point preference relevant to certain hiring contexts. See 5 U.S.C. §§ 2108, 3309. When he applied for an excepted-service attorney position in the Department of the Navy, Office of the General Counsel (OGC), he was not selected. Mr. Bumgardner unsuccessfully sought relief from the Department of Labor, asserting a violation of the Veterans Employment Opportunities Act of 1998 (VEOA), Pub. L. No. 105-339, 112 Stat. 3182 (codified as amended in part at 5 U.S.C. § 3330a). Mr. Bumgardner then appealed to the Merit Systems Protection Board, which decided that the Navy did not violate his veteran-preference rights. J.A. 1–14; Bumgardner v. Department of the Navy, No. DC-3330-22-0043-I-1, 2022 WL 595769 (Feb. 23, 2022). We now affirm the Board’s decision.