Benfield v. Department of Army, 100909 FEDFED, 2009-3198

Docket Nº:2009-3198
Opinion Judge:MAYER, LINN, and PROST, Circuit Judges
Party Name:ROGER M. BENFIELD, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.
Attorney:Roger M. Benfield, of Alexandria, Virginia, pro se. Christopher L. Krafchek, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, ...
Judge Panel:Before MAYER, LINN, and PROST, Circuit Judges.
Case Date:October 09, 2009
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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ROGER M. BENFIELD, Petitioner,

v.

DEPARTMENT OF THE ARMY, Respondent.

No. 2009-3198

United States Court of Appeals, Federal Circuit

October 9, 2009

This disposition is nonprecedential.

Appealed from: Merit Systems Protection Board Petition for review of the Merit Systems Protection Board in DC0752080197-C-1.

Roger M. Benfield, of Alexandria, Virginia, pro se.

Christopher L. Krafchek, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Bryant G. Snee, Deputy Director.

Before MAYER, LINN, and PROST, Circuit Judges.

PER CURIAM.

Roger M. Benfield ("Benfield") appeals a final decision of the Merit Systems Protection Board ("Board"), denying his petition for review and adopting the initial decision of the administrative judge ("AJ"). Benfield v. Dep't of the Army, 111 M.S.P.R. 310 (2009) (unpublished table decision) ("Board Op."). The AJ's initial decision denied Benfield's petition for enforcement of a settlement agreement resolving his removal appeal. Benfield v. Dep't of the Army, No. DC0752080197-C-1, slip. op. (M.S.P.B. Dec. 30, 2008) ("AJ Op."). Because the Board's decision was supported by substantial evidence and was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, we affirm.

Benfield worked as a Visual Information Specialist at the United States Army Management Staff College ("AMSC") located at Fort Belvoir, Virginia, beginning in 1991. On September 26, 2007, AMSC's Facilities Manager, Stephen Wade, reported that Benfield threatened to "shoot" or "blow out the brains" of four specifically identified AMSC employees. The Fort Belvoir Office of the Provost Marshall initiated a criminal investigation. On September 28, 2007, the installation commander, Colonel Brian W. Lauritzen, issued an order barring Benfield from entering the Fort Belvoir Military Installation pursuant to 50 U.S.C. § 797 (2006) ("Bar Order"). In addition, Steve T. Wilberger, AMSC Deputy Commandant, issued a Notice of Proposed Removal for causing a disruption of the workplace. After considering Benfield's oral and written replies, Garland H. Williams, AMSC Commandant, issued a written opinion removing Benfield from his position. Pursuant to this decision...

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