John Paul Turner, Petitioner, v. Merit Systems Protection Board, Respondent, 98 F.3d 1357 (Fed. Cir. 1996)

DECISION

PER CURIAM

John P. Turner appeals from the November 24, 1995 decision of the Merit Systems Protection Board (Board), Docket No. DC-3443-96-0104-I-1,¹  dismissing his appeal for lack of jurisdiction. We affirm.

DISCUSSION

The Board found that it lacked jurisdiction over Turner's appeal which alleged that several federal and state entities failed to grant him "entry into the Compassionate Investigative New Drug (IND) Program." The Board dismissed Turner's appeal for lack of jurisdiction because Turner failed to demonstrate that he had been subjected to an action appealable to the Board.

We affirm the Board's dismissal. The Board's appellate jurisdiction is limited to those matters specifically set forth in statutes or regulations. 5 U.S.C. § 7701(a) (1994). An individual who files an appeal with the Board has the burden of establishing jurisdiction by a preponderance of the evidence. 5 C.F.R. § 1201.56(a) (2) (1996). Turner's claim that he was denied entry into the IND program is not a basis for the Board's jurisdiction and Turner's claims of discrimination, absent an otherwise appealable Board action, do not invest the Board with jurisdiction. See Hartman v. Merit Sys. Protection Bd., 77 F.3d 1378, 1380 (Fed. Cir. 1996) ("absent an independently appealable action, the Board lacked jurisdiction to hear Petitioner's discrimination claims"). Turner has thus failed to allege any adverse action which, if proven, would authorize the Board to consider his appeal. Therefore, we affirm the decision of the Board dismissing Turner's appeal for lack of jurisdiction.