Alcohol, evidence, policy and procedure, public employee, due process.

Jeffrey Baker appeals a merit board's decision affirming his termination from his position with the Department of Defense. Baker's supervisor confronted him when he returned from lunch late and smelling of alcohol. The supervisor offered to drive Baker home. He refused the ride and left the premises. At a subsequent discipline hearing, Baker denied that he was intoxicated at the time he was confronted. He asserted that he had stomach disorder and chronic hiccups. Department officials terminated his employment and he appealed to the Merit Systems Protection Board.

The board affirmed Baker's termination. The board accepted the finding of an administrative judge who recommended that Thomas be terminated. Thomas now appeals.

Thomas loses. The U. S. Court of Appeals for the Fourth Circuit affirmed the board's decision. The appeals court ruled there was sufficient evidence to conclude that Baker reported for work intoxicated.