Nancy C. Miller, Petitioner, v. Merit Systems Protection Board, Respondent, 48 F.3d 1237 (Fed. Cir. 1995)

Petitioner Nancy C. Miller did not file a timely appeal from the asserted adverse action, and did not respond to the Merit Systems Protection Board's Order to explain the untimeliness, Docket No. DC0351940568-I-1. Although the Board's decision explained that the basis for the dismissal was untimeliness, Ms. Miller did not provide an explanation until her supplemental memorandum in this appeal, filed after briefing was completed. Although she describes a serious family problem during the period in which her appeal to the MSPB should have been filed, this explanation is itself untimely. Thus the decision of the Board must be affirmed.