FRIEDMAN, Senior Circuit Judge. The petitioner, Dr. F. Prescott Ward, filed an individual right of action appeal to the Merit Systems Protection Board (Board) pursuant to the Whistleblower Protection Act of 1989, Pub.L. No. 101-12, 103 Stat. 16 (1989), alleging that his agency’s failure to appoint him to a higher grade position constituted a r…
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