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Federal employee loses appeal of EEOC decision. An employee of the U.S. Customs and Border Patrol (CBP) appealed an Merit Systems Protection Board decision. The MSPB denied his request for differential pay for three periods of military service. Complainant served with the Arizona Air National Guard in 2018. He served in two separate support missions and was called a third time for annual training. Some federal employees in civilian positions are eligible to receive the difference in pay between their military pay. and what they would have received in their civilian employment when absent from civilian employment due to certain military activities. The administrative judge (AJ) denied Adams request and he appealed to the U.S. Court of Appeals for the Federal Circuit. The Court held that the AJ applied the incorrect standard, but that Adams was ineligible for differential pay based on the type of military service performed.

Bryan Adams v. Dep’t of Homeland Security, http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1649.OPINION.7-2-2021_1799275.pdf

Kirk J. Angel is an attorney who represents federal employees. Although he did not represent the complainant above, attorney Angel may be able to help you if you are having problems with a federal agency. You can get a free 15 minute consultation by signing up on our website at: Contact Us – The Angel Law Firm