think are central to this just to review first we believe i suggested in the briefs that the administrative judge did not analyze the facts presented to him under the government in order to justify the argument that the judge did you complain probably now those first can see it in the court that than frequent direct contact with persons suspected or convicted of violating federal criminal law the judge took the position that exhibit in the context of that reflected was simply guarding against or protecting life quickly to the question of the evidentiary determinations made in this case in and first among those is the standardized approved p descriptions set out as a volunteer exhibit c which reflects what the government and by that i mean the department or this case believed to be the activit and had even been filled in this case taking that position description on the one hand that approved more specific elio position description on the other the question was which better describes the duties mr why the relevant i think they mean in the period we're talking about because they are the definition of what the employing agency looks for from qualified law enforcement officer in the field and i guess there's no better and analytical yardstick for assessing mr nun's duties then that document which they've terminations at mystery i did not prove by a preponderance of the evidence that his positions existed prior early for the investigation apprehension or detention of individuals suspected of or convicted of offenses against the criminal laws of the united states is supported by substantial evidence for the refugee manager positions at issue the board apply the position oriented approach approved by this court in the once in case there are reasons for the systems of the position and the board also considered all available evidence the evidence of the board considered where the classification descriptions mr neyens position descriptions the end there were parts of each location where he worked for the time periods at issue hearing testimony by mr knight and supervisor as well as mr one's own description of his job duties and standard form one seventy one when applying for his position in alaska nance position of the sequoia national park existed primarily for the protection and preservation of fish birds and wildlife species in their habitat and in some instances they carry protection of certain historic  work considered all available evidence o p m pacification standards refugee manuals position descriptions and you were parks and mr neyens own description of his duties at hearing testimony and it is us at one seventy one for the laguna national wildlife refuge the evidence again shows that mr nance primary duties remain tending law and order the protection of life and property in guarding against or inspecting for protecting life in priority guarding against or inspecting for violations of law or investigating person other than persons who are suspected or convicted of offenses against the criminal law of the united states now mr young mr n that was not the case even mr knight and his own descriptions of this jobs on page twenty eight of the government's appendix and his own words describes the duty in his positions and sequoia national parks or national wildlife refuges and i'd like to read his own descriptions into the record because that perhaps is the best evidence of what he did primarily  his job at laguna he stated assist project leader in planning organize and administering highly complex refuge program and responsible for the execution of refuge management program plan greatest issuing permits preparing agreements and conduct compliance checks meeting with farmers and graziers on a frequent basis provide supervision with detailed work project descriptions and work schedules of subordinates for the purpose  that was his own description of his duties at laguna his own description of his duties as a client were as follows conduct weekly waterfowl census prepare a public monthly waterfowl my plea activities and other reports assistant planning administering and executing farming grazing hunting and public use programs twenty three or twenty three corporate farmers were met with on a frequent basis conduct law enforcement patrols independently at time supervised t makes it clear that consistent frequent contact with criminal suspects must be fifty percent or more of the individual time here looking at all the others and there is no way that mr position description of one thousand nine hundred four that mystery man would like to have directly apply to him that is for a different job description a different job position it's for a park ranger now again many of the crimes cases do involve park rangers however the description of the duties is not the same as his description of the of his duties back in one thousand seven hundred seventy three there are different classifications standards and again that position description says that the individuals to obtain elliott status must spend more than fifty percent of their time i must be so there's a cabin at this position descriptions are not a find here and i pray your attention particularly to the third assignment could because that's where they are with the bad evidence available of the actually do if you're performing you'll find that the source of came first from patrol and the government in this in other cases would like the troll to be a synonym for guarding against or protecting like property mr nunn clearly and