Unpublished Dispositionkathryn R. Calestini, Petitioner, v. Defense Logistics Agency, Respondent, 826 F.2d 1071 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 826 F.2d 1071 (Fed. Cir. 1987) July 13, 1987

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and SMITH, Circuit Judge.



Petitioner appeals the decision of the Merit Systems Protection Board, No. SF07528610724, which dismissed her appeal as being untimely filed. We affirm.


Petitioner was discharged from her position as a packer. The board's regulations require that appeals be filed within 20 days of the effective date of the action appealed, but the time limit may be waived for good cause. 5 C.F.R. Sec. 1201.22 (1987). The effective date of petitioner's removal was February 21, 1986. She did not appeal to the board until July 25, 1986, clearly out of time.

It is petitioner's position that she did not receive her agency's decision letter until July 19, 1986, and that she appealed promptly thereafter. The administrative judge considered the evidence submitted by petitioner and her agency and made a credibility determination that petitioner was duly notified, as the agency stated, and that she failed to establish good cause for delay in filing her appeal so a waiver was not justified. That decision is supported by substantial evidence and is correct as a matter of law. We find no basis upon which to require a different result. See 5 U.S.C. § 7703(c) (1982).