This was an appeal in the case of Dept of Army v Leroy Pletten, 6 MSPB 626; 7 MSPR 13 (18 June 1981), wherein the said MSPB decision issued by Ronald P. Wertheim, Ersa H. Poston, etc., contained falsehoods and disregarded the rule of law.

EEOC agreed with Pletten's analysis of the MSPB falsehoods and disregard of the rule of law, so ruled in favor of Pletten 8 April 1983, Docket 03.81.0087, 83 FEOR 3046.