
    Judith A. TAYLOR, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.
    No. 2007-3036.
    United States Court of Appeals, Federal Circuit.
    Dec. 10, 2007.
    Before RADER, SCHALL, and PROST, Circuit Judges.
   SCHALL, Circuit Judge.

ORDER

The Department of the Army moves without opposition to lift the stay of proceedings and remand Judith A. Taylor’s petition for review of a decision of the Merit Systems Protection Board.

Taylor filed an appeal alleging that the Department had improperly charged her leave for the performance of military reserve duty on non-workdays in violation of the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 (2000). The Board held that Taylor had failed to meet her burden of establishing a violation of USERRA and dismissed her complaint without granting a hearing. Taylor appealed.

On March 7, 2007, we issued our decision in Kirkendall v. Army, 479 F.3d 830 (Fed.Cir.2007) (en banc), cert. denied — U.S.-, 128 S.Ct. 375, 169 L.Ed.2d 260 (2007). Kirkendall held, inter alia, that USERRA requires that “any veteran who requests a hearing shall receive one.” Id. at 844. Because Taylor was denied a hearing, we remand for further proceedings in light of Kirkendall. On remand, the Board may also consider, inter alia, our recent decisions in Hernandez v. Department of the Air Force, 498 F.3d 1328 (Fed.Cir.2007) and Pucilowski v. Department of Justice, 498 F.3d 1341 (Fed.Cir.2007).

Accordingly,

IT IS ORDERED THAT:

(1) The motion is granted. The Board’s decision is vacated and the case is remanded for further proceedings.

(2) All sides shall bear their own costs.  