What is the MSPB's role in suitability actions?

• A. To review the facts de novo.
• B. Decide whether the original determination is sustainable.
• C. To appoint adjudicators.
• D. To conduct investigations.

Answer: (B)

The main idea is that the MSPB acts as a check on the agency’s action by evaluating whether the original suitability decision is sustainable on the record. It does not re-run the investigation on its own or reweigh the facts from scratch. Instead, the Board reviews the evidence and the process the agency used to reach its conclusion, and decides if that conclusion is supported by substantial evidence and proper procedures. If the agency’s record shows a rational basis for the determination, the MSPB upholds it; if not, it can sustain only part of the action, remand for more development, or overturn the agency’s finding. In short, the MSPB’s role is to determine whether the original determination is sustainable.