III 1985) (EAJA), Massa has applied for attorney fees and expenses with respect to the legal work performed in connection with his challenge before the Merit Systems Protection Board (Board) and his appeal to this court. By published opinion, Massa v. Department of Defense, 815 F.2d 69 (Fed. Cir. 1987), this court reversed the Board's decision affirming Massa's removal. Fees at the Board

Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Massa v. Department of Defense, 815 F.2d 69, 72 (Fed. Cir. 1987). A. Confidential Information

But like other person-to-person offenses, whether the act in fact occurred, when there is no corroborating evidence, depends very much on the believability of the complaining witness. And though an administrative discharge proceeding is not held to the same high standard of proof as a criminal hearing, Perales, 402 U.S. at 402, and hearsay evidence is not as tightly controlled as it is in civil court proceedings, id., nevertheless there remains a minimum level of proof that must be found in the record, Massa v. Department of Defense, 815 F.2d 69, 72 (Fed. Cir. 1987). By any standard, this case fails that test.

Substantial evidence means "such relevant evidence as a reasonable person might accept as adequate to support a conclusion." Massa v. Dep't of Defense, 815 F.2d 69, 72 (Fed. Cir. 1987) (quoting Consol. Edison Co. v. Labor Bd., 305 U.S. 197, 229 (1938)). Plaintiff can only meet his substantial burden by presenting "cogent and convincing evidence" that the Board's decision was in error.

Such a complete evaluation of the facts is necessary in every case because outside of written opinions and transcribed oral statements, we have no basis to discern the reasoning of the MSPB and decide whether there exists “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Massa v. Dep't of Def., 815 F.2d 69, 72 (Fed.Cir.1987) (internal quotation marks omitted). If considerable countervailing evidence is manifestly ignored or disregarded in finding a matter clearly and convincingly proven, the decision must be vacated and remanded for further consideration where all the pertinent evidence is weighed.

Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Massa v. Dep't of Def., 815 F.2d 69, 72 (Fed. Cir. 1987) (internal quotation marks omitted). "Procedural matters relative to discovery and evidentiary issues fall within the sound discretion of the board and its officials."

Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Massa v. Dep't of Def., 815 F.2d 69, 72 (Fed. Cir. 1987) (internal quotation marks omitted). The Board correctly concluded that Mr. Jones was a probationer terminated for a pre-appointment condition.