MSPB Appeal Timeline
Pattern of Bad Faith & Illegal Separation
📊 Key Numbers
16 days
From settlement to violation
63 days
From rescission to illegal separation
13 days
Agency withheld Aug 26 memo
0
Valid election forms signed
324 hours
Leave payment owed
100%
VA disability rating
Your Actions
Agency Violations
Agency Promises
Key Events
SETTLEMENT AGREEMENT – PATTERN BEGINS
January 16, 2025
Proposed Removal Notice
Agency proposes removal based on AR 15-6 investigation
April 8, 2025
✅ Settlement Agreement Signed
Agency AGREES to remove “lesser discipline” language per your request. Agreement states: “Army will not remove Complainant from federal service”
April 24, 2025
❌ VIOLATION #1
16 days after settlement, agency imposes 13-day suspension anyway. Pattern established: Make agreement → Violate immediately
DRP FRAUD
April 8, 2025
Joyce Promise #1
MAJ Shane Joyce: “DRP would not preclude you from doing medical retirement as long as you follow proper procedures”
May 8, 2025
Joyce Promise #2
MAJ Joyce: “I was just informed by Mr Lambert and Ms. Clark that the medical retirement IS available through DRP”
May 8, 2025
✅ Signed DRP Agreement
Based on Joyce’s assurances, you sign DRP electing “IMMEDIATE RETIREMENT”
TRUTH REVEALED
July 11, 2025
❌ Lambert Admits Fraud
Robert Lambert: “The MCoE G1 office just confirmed that medical retirement is NOT part of the DOD or Army DRP program… they will need to get another signed election form from you” (for DEFERRED RESIGNATION – completely different!)
July 11, 2025 (same day)
✅ Your Immediate Response
“Sir, I feel I was misled. I was told and I was assured that I could pursue medical retirement through DRP… I WANT MY JOB BACK”
REFUSED to sign new election form
RESCISSION REQUEST
July 15, 2025
MAJ LeGrand Acknowledges
Instructs you to submit formal rescission letter
July 29, 2025
✅ FORMAL RESCISSION SUBMITTED
Comprehensive request citing: Fraudulent inducement, material misrepresentation, lack of informed consent, disability discrimination, coercive circumstances
July 30, 2025
✅ Proper Format Provided
LeGrand requests PDF with digital signature. You provide it immediately.
August 4, 2025
Forwarded to Secretary
Request forwarded to Secretary of the Army (proper final authority)
August 11, 2025
LeGrand Confirms Process
“I will provide an update once the Secretary of the Army approves or denies your request”
DEFECTIVE AGENCY RESPONSE
August 26, 2025 (28 days later)
❌ Stone “Non-Endorsement”
Robert E. Stone signs memo that is:
• NOT a proper denial under 5 CFR § 715.202(b)
• NO valid reason provided
• Stone has conflict of interest (involved in Jan removal)
• WITHHELD from you for 13 days
• NOT a proper denial under 5 CFR § 715.202(b)
• NO valid reason provided
• Stone has conflict of interest (involved in Jan removal)
• WITHHELD from you for 13 days
September 8-9, 2025
You Request Update
“Sir, it has been a month since the last update” – only then do you receive the Aug 26 memo (13-day delay)
September 9-30, 2025 (22 more days)
❌ Secretary NEVER Rules
Despite being the proper final authority, Secretary of the Army never makes a decision on your rescission request
ILLEGAL SEPARATION
September 30, 2025
❌ SEPARATED WITHOUT VALID AUTHORITY
Agency separates you despite:
• NO valid election form (original was fraud, new never signed)
• Rescission request STILL PENDING with Secretary
• NO proper denial under 5 CFR § 715.202(b)
• 63 days from rescission – no final decision
• No due process
• NO valid election form (original was fraud, new never signed)
• Rescission request STILL PENDING with Secretary
• NO proper denial under 5 CFR § 715.202(b)
• 63 days from rescission – no final decision
• No due process
October 1, 2025
Government Shutdown Begins
No separation paperwork received (SF-50, final notices, etc.). 324 hours leave payment delayed.
CURRENT STATUS
November 2025
✅ MSPB Appeal Filed
Constructive removal based on improper denial of resignation withdrawal under 5 CFR § 715.202(b)
🎯 The Core Legal Issue
Question: Which election form did the agency use to separate you?
Answer: NEITHER – Because they have NO VALID AUTHORITY
❌ Cannot use May 8 “immediate retirement” form – Agency admitted it was obtained through fraud when they requested a new form on July 11
❌ Cannot use July 11 “deferred resignation” form – You never signed it; you refused and said “I want my job back”
❌ Cannot separate without valid documentation – DRP requires signed election; you rescinded participation; they never properly denied your rescission
RESULT: Illegal separation without due process
📋 Requested Relief
- ✅ Reinstatement to Mail Clerk position (or comparable position for disability accommodation)
- ✅ Back pay and benefits from September 30, 2025 to reinstatement
- ✅ Permission to pursue medical/disability retirement as originally promised
- ✅ Payment of 324 hours annual leave currently delayed by shutdown
- ✅ Expungement of DRP and separation from personnel records
- ✅ Interactive accommodation process for 100% service-connected PTSD