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Dukes v. United States Postal Service

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Robert C. Dukes petitions for review of the decision of the Merit Systems Protection Board (“the Board”), dismissing his appeal of his removal for failure to state a claim for which relief may be granted. The Board held that it did not have authority under the Uniformed Services Employment and Reemployment Rights Act of 1994, Pub. L. No. 103-353, reprinted in 1994 U.S.C.C.A.N. (108 Stat. 3149) (codified at 38 U.S.C. � 4301, et. seq.) (1994) (“USERRA”), to redress Dukes’ claim that in 1974 he suffered discrimination based on his status as a military veteran. Because substantial evidence supports the Board’s finding that all relevant conduct occurred before it was prohibited by statute and the statute does not have such retroactive effect, we affirm.

Background

Dukes served for two years in the United States Navy during the Vietnam War before being honorably discharged in 1971. On April 21, 1973, Dukes was hired as a full-time distribution clerk at the U.S. Postal Service at the Federal Annex, Atlanta, Georgia. Eleven months later on March 29, 1974, the Postal Service terminated Dukes for failing to report to work.

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