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Thorne v. Department of Health and Human Services

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Dr. Robert B. Thorne, M.D., seeks review of the final decision of the Merit Systems Protections Board (Board) denying his individual right of action request for corrective action under the Whistleblower Protection Act of 1989 (WPA), Pub. L. No. 101-12, 103 Stat. 16 (1989) (codified in scattered sections of 5 U.S.C). Thorne v. Dep’t of Health and Human Serv., No. DE-1221-96-0526-B-1 (MSPB Aug. 28, 2000) (final order). Because the Board’s decision to deny the request for corrective action was not arbitrary, capricious, an abuse of discretion, unlawful, or unsupported by substantial evidence, this court affirms.

I.

Dr. Thorne served in a series of temporary assignments with the Department of Health and Human Services (agency) as a GS-14 Medical Officer. On August 22, 1993, the agency appointed Dr. Thorne for a career-conditional position, subject to a one-year probationary period. Dr. Thorne was terminated on May 2, 1994, based on allegations of his “uncooperative and divisive attitude [that] had a detrimental impact on the moral[e] and efficiency of the service unit.”

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