Doris G. Francisco v. Alan K. Campbell, Chairman, Jule M. Sugarman, Vice Chairman, and Ersa H. Poston, Member, United States Civil Service Commission

Doris Francisco is a civilian Naval employee whose discharge by the Navy for violation of two of its regulations was upheld by the Civil Service Commission. Upon review of Francisco’s challenge to this administrative action, the district court found that substantial evidence supported only one of the charged violations, and that Francisco’s punishment was so disproportionate to the offense as to constitute an abuse of discretion. We likewise find that substantial evidence supports only one of the charges and that Francisco’s removal was an abuse of discretion.

At the time of her removal, Francisco was employed as the Senior Education Ad-visor at the Naval Education and Training Support Detachment Center (NETSDC), Pearl Harbor. Francisco was responsible for coordinating the Navy Campus for Achievement program (NCFA). The basic function of the NCFA program is to counsel military personnel about their educational needs and the off-duty educational programs available to them.

On August 22, 1975, Francisco was sent notice of her proposed removal. The notification alleged two grounds for dismissal: (1) “disobedience to constituted authorities,” in that Francisco failed to comply with…