I
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2008-3333
GARY S. SCHNELL,
Petitioner,
v.
DEPARTMENT OF THE ARMY,
Respondent.
Petition for review of the Merit Systems Protection Board in CH1221070700-W-1.
ON MOTION
Before GAJARSA, LINN, and PROST, Circuit Judges.
PROST, Circuit Judge.
ORDER
The Department of the Army moves to vacate the July 3, 2008 decision of the
Merit Systems Protection Board (MSPB) in Schnell v. Department of the Army, No. CH-
1221070700-W-1 and remand for further proceedings related to Gary Schnell's
whistleblower allegations.
Specifically, the Army requests further proceedings regarding whether Schnell's
disclosures were made in the course of his normal duties and, in the alternative,
whether he had a reasonable belief that his disclosures evidenced a violation of any
law, rule, or regulation or gross mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public health or safety.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion is granted. The MSPB's July 3, 2008 decision is vacated and
the case is remanded for further proceedings consistent with this order.
Each side shall bear its own costs.
FOR THE COURT
FEB 6 2009
/s/ Jan Horbalv
Date Jan Horbaly FILED
U.S. COURT OF APPEALS FOR
Clerk THE FEDERAL CIRCUIT
cc: Gary S. Schnell FEB 0 6 2009
Tara J. Kilfoyle, Esq.
1A14 HORSALy
s20 CLERK
FEB 6 Ms
ISSUED AS A MANDATE:
2008-3333 -2-