Opinion
2022-2176
06-14-2023
ROGER W. WHITACRE, Petitioner v. DEPARTMENT OF THE NAVY, Respondent
This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in No. SF-0752-22-0199-I-1.
ON MOTION
Before PROST, REYNA, and STARK, Circuit Judges.
ORDER
PROST, Circuit Judge.
The Department of the Navy moves without opposition to waive the requirements of Federal Circuit Rule 27(f) and to remand this case for further adjudication so that the Merit Systems Protection Board "can reconsider its decision." Mot. at 1. Specifically, the Department contends that the court should remand so that the Board can address, in the first instance, Mr. Whitacre's argument that the Department of Defense Consolidated Adjudication Facility and the Personnel Security Appeals Board committed a harmful procedural error in revoking his security clearance eligibility without first allowing Mr. Whitacre to provide new information.
Upon consideration thereof, IT IS ORDERED THAT:
(1) The motion is granted. The case is remanded to the Board to reconsider its decision consistent with the motion and this order.
(2) Each side shall bear its own costs.