Unpublished Dispositionthomas E. Brownscombe, Petitioner, v. Veterans Administration, Respondent, 824 F.2d 979 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 824 F.2d 979 (Fed. Cir. 1987) June 9, 1987

Before RICH, Circuit Judge, and NICHOLS and BALDWIN, Senior Circuit Judges.


The Merit Systems Protection Board (board), in DC34438610456, dismissed for lack of jurisdiction Thomas E. Brownscombe's appeal from the agency's determination that he was not eligible for immediate optional retirement because he had not first appealed to and obtained a final decision from OPM. We affirm.

This court has held that an employee seeking early retirement must first apply to OPM. Edgerton v. Merit Systems Protection Board, 768 F.2d 1314, 1317 (Fed. Cir. 1985). Petitioner improperly appealed the agency's denial of early retirement to the board which promptly issued an order directing petitioner to show cause why his appeal should not be dismissed for lack of jurisdiction. Petitioner responded, hinting he was aware that the board did not have jurisdiction, but failed to address that issue. The board's decision was not arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with law. See 5 USC 7703(c).