Edward K. Takaki v. Department of the Navy

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is
not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
05-3297
EDWARD K. TAKAKI,
Petitioner,
v.
DEPARTMENT OF THE NAVY,
Respondent.
__________________________
DECIDED: July 11, 2006
__________________________
Before MAYER, LOURIE, and PROST, Circuit Judges.
PER CURIAM.
Edward K. Takaki appeals the final decision of the Merit Systems Protection
Board, affirming his removal from his position of machinist by the Navy. Takaki v. Dep’t
of the Navy, SF0752050330-I-1 (MSPB May 9, 2005). We affirm.
This court may only reverse the board’s decision if it was arbitrary, capricious, an
abuse of discretion, or unlawful; procedurally deficient; or unsupported by substantial
evidence. See 5 U.S.C. § 7703(c) (2000). The board’s findings that Takaki was unable
to perform the essential duties of his position, that he failed to prove that he was a
“qualified” disabled person, that he failed to show his removal resulted from illegal

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discrimination based on perceived disability, and that the agency’s action was
responsibly considered and did not exceed the maximum reasonable action under the
circumstances is supported by substantial evidence. It is irrelevant that Takaki did
some recycling work while in the position of Machinist; the relevant finding is that he
could no longer perform the official duties of that position, his permanent position of
record.
05-3297 2

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