UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD
DALLAS REGIONAL OFFICE

DAVID MCKIBBIN,
Appellant,
v.
DEPARTMENT OF THE AIR FORCE,
Agency.

DOCKET NUMBER
DA-0752-10-0231-I-1

DATE: April 23, 2010

David J. McKibbin, San Antonio, Texas, the appellant.

Charles R. Vaith, Esquire, Lackland Air Force Base, Texas, for the agency.
BEFORE
Mary Ann Garvey
Administrative Judge

INITIAL DECISION

On January 28, 2010, David McKibben filed an appeal in which he
challenged the action of the Department of the Air Force that removed him from
Federal service effective January 22, 2010. The Board has appellate jurisdiction
over this timely filed appeal. See 5 U.S.C. ��7511-7513. At the appellant’s
request, a hearing was conducted in this appeal on April 8, 2010.
Based on the following analysis and findings, the agency’s action is
REVERSED.

DECISION

The agency’s action is REVERSED.

ORDER

I ORDER the agency to cancel the removal and to retroactively restore
appellant effective January 22, 2010. This action must be accomplished no later
than 20 calendar days after the date this initial decision becomes final.
I ORDER the agency to pay appellant by check or through electronic funds
transfer for the appropriate amount of back pay, with interest and to adjust
benefits with appropriate credits and deductions in accordance with the Office of
Personnel Management's regulations no later than 60 calendar days after the date
this initial decision becomes final.