A federal law enforcement officer was removed from his position as a probationary employee. Matter appealed to the MSPB (Denver regional office) for a non-frivolous allegation of jurisdiction, asserting the officer was not a probationary employee but had chapter 75 rights as a federal employee. The initial decision upheld the agency dismissal as a probationary removal. The matter was appealed to the full MSPB. The decision OVERTURNED the initial decision and REMANDED back for further adjudication.

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