Leandro A. Carsolin, Petitioner, v. Office of Personnel Management, Respondent, 909 F.2d 1495 (Fed. Cir. 1990)

The final decision of the Merit Systems Protection Board in docket No. SE08318610374, dismissing as untimely Leandro A. Carsolin's petition for review of the Office of Personnel Management's reconsideration decision denying Carsolin's application for a civil service retirement annuity, is affirmed.

OPINION

We will not disturb the board's decision that good cause does not exist to waive its requirement that petitions for review of OPM reconsideration decisions be filed within 25 days of issuance, 5 C.F.R. Sec. 1201.22(b) (1986), unless that decision is arbitrary or capricious. Bacashihua v. Merit Sys. Protection Bd., 811 F.2d 1498, 1500 (Fed. Cir. 1987). The record is clear that Carsolin's petition was untimely both as dated and as filed. Since he failed to provide the board, as he fails to provide us, with any reason for the delay, we affirm the board's refusal to waive the filing requirement in his case.