Stephen Booth V Department Of The Air Force

The Merit Systems Protection Board (MSPB) issued a final decision in the case of Stephen Booth (Docket No. DE-3443-26-0031-I-1) regarding his appeal of the withdrawal of authority to carry an agency-issued firearm and placement in a paid/non-duty status. The initial decision dismissed the appeal for lack of Board jurisdiction. Member Woodruff recused himself, leaving no quorum to alter the initial decision, making it final under 5 C.F.R. § 1200.3(b). The decision was dated February 19, 2026, and explicitly states it cannot be considered as precedent in other cases.

The Merit Systems Protection Board dismissed the appellant's appeal for lack of jurisdiction, as the case involved the withdrawal of authority to carry an agency-issued firearm and placement in a paid/non-duty status, which are not within the Board's jurisdiction. The initial decision became final due to the recusal of a member and the absence of a quorum to alter the decision.

The initial decision becomes the final decision of the Merit Systems Protection Board because there is no quorum to alter the administrative judge's decision. The dismissal was based on a lack of Board jurisdiction over the appellant's appeal of the withdrawal of authority to carry an agency-issued firearm and placement in a paid/non-duty status.

The case involves the finality of a Merit Systems Protection Board decision when there is no quorum to alter the initial decision, as outlined in 5 C.F.R. § 1200.3(b). The Board dismissed the appellant's appeal for lack of jurisdiction regarding the withdrawal of authority to carry an agency-issued firearm and placement in a paid/non-duty status. The decision also references statutory requirements for judicial review under 5 U.S.C. § 7703, including time limits and appropriate forums.

Perry v. Merit Systems Protection Board

Henry J. Kerner