Milo D. Burroughs v. United States Department of the Army Togo West, Jr., Secretary of the Army

96 F.3d 1451 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Milo D. BURROUGHS, Petitioner-Appellant, v. UNITED STATES DEPARTMENT OF the ARMY; Togo West, Jr., Secretary of the Army, Respondents-Appellees. No. 95-35737. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 7, 1996. Decided Aug. 29, 1996. Before: ALARCON, NORRIS and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Milo D. Burroughs appeals from the order affirming the decision of the Merit Systems Protection Board (the "Board") to uphold the Department of the Army's ("Army") termination of Burroughs from his position as a civilian test pilot. Burroughs was removed from his position after he disobeyed an Army order to undergo a medical examination to verify his flying fitness. Burroughs argues that reversal is mandated because: (1) the Board erred in determining that the order mandating the medical examination was valid; (2) the Board erred by holding that he had to obey the order before he…