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Stearn v. Department of the Navy

Where Merit Systems Protection Board ordered that Navy grant petitioners law enforcement officer (LEO) retirement credit, denial of petitions for enforcement on res judicata grounds affirmed only as to those actions in which Navy timely raised affirmative defense of res judicata based on petitioners' appeals of an earlier denial of LEO credit.

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Appealed from: Merit Systems Protection Board

Petitioners seek review of a Merit Systems Protection Board (“Board”) decision denying their petitions for enforcement of an Opinion and Order of the Board ordering the Department of the Navy (“the Navy”) to grant petitioners law enforcement officer retirement credit (“LEO credit”). Basing its determinations on a regulation, the Navy limited petitioners’ entitlement to LEO credit to a period of one year prior to the dates on which petitioners submitted their initial requests for the credit. In this appeal, petitioners challenge the validity of the regulation at issue.

The Board found petitioners’ appeals to be barred by principles of res judicata, because petitioners failed to challenge the validity of the regulation in appealing an earlier denial of LEO credit by the Navy.

 
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