Armond D. Smith, Petitioner, v. Defense Logistics Agency, Respondent, 856 F.2d 202 (Fed. Cir. 1988)

Annotate this Case
U.S. Court of Appeals for the Federal Circuit - 856 F.2d 202 (Fed. Cir. 1988) Aug. 16, 1988

Before MARKEY, Chief Judge, EDWARD S. SMITH and ARCHER, Circuit Judges.



The decision of the Merit Systems Protection Board (board), Docket No. CH075280C0142, denying Armond D. Smith's (Smith's) petition for review of an initial decision dismissing his petition for enforcement of two earlier board orders, is affirmed.


Smith's appeal does not dispute the board's conclusion that the Defense Logistics Agency (DLA) fully complied with the board's January 26, 1982 order to cancel and remove all effect of the suspension. We have no jurisdiction to review the substance of that order and an earlier action by the board denying review of his removal because Smith did not appeal those actions within a 30-day period. See Monzo v. Department of Transp., 735 F.2d 1335, 1336 (Fed. Cir. 1984); 5 U.S.C. § 7703(b) (1).

We affirm on the basis of the board's opinion because we do not find the decision arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or obtained without procedures required by law, rule, or regulation having been followed, or unsupported by substantial evidence. 5 U.S.C. § 7703(c) (1982).