In June 2014, the appellant, a Security Specialist at the Department of Defense, took an extra $5.00 worth of food from the agency cafeteria without paying for the additional food. The agency removed the appellant based on this conduct and charging a violation of 18 U.S.C. § 641.

The United States Court of Appeals for the Federal Circuit ruled that the deciding official’s ex parte communications in the Air Force’s termination proceedings is a violation of the due process clause.