NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is
not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
05-3322
KEVIN M. HOFFMANN,
Petitioner,
v.
DEPARTMENT OF THE NAVY,
Respondent.
__________________________
DECIDED: February 9, 2006
__________________________
Before MAYER, SCHALL, and PROST, Circuit Judges.
PER CURIAM.
Kevin M. Hoffman appeals the final decision of the Merit Systems Protection
Board, denying his petition for review of the board’s initial decision affirming his removal
from government service by the Department of the Navy. Hoffman v. Dep’t of the Navy,
SE0752040073-I-1 (MSPB June 9, 2005). We affirm.
We must affirm the board’s decision unless it was arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance with law; obtained without procedures
required by law, rule or regulation having been followed; or unsupported by substantial
evidence. See 5 U.S.C. § 7703(c) (2000). In 1999, the department instituted a general
policy not to extend tours abroad beyond five years, and Hoffman had spent nine years
in Japan at the time the department decided not to grant him a fifth two-year tour
extension. Accordingly, the board properly found that the refusal to grant the extension
was not an abuse of managerial discretion. Because Hoffman was offered and refused
a position under the department’s Priority Placement Program, the board properly found
that his removal promoted the efficiency of the service. See 5 U.S.C. §§ 7513(a),
7701(c)(1)(B); Hayes v. Dep’t of the Navy, 727 F.2d 1535, 1539 (Fed. Cir. 1984).
Finally, the board correctly found that Hoffman did not establish either harmful
procedural error, see 5 U.S.C. § 7701(c)(2)(A), or reprisal, see id. § 7701(c)(2)(B), in the
removal decision.
05-3322 2