Daniel C. Lansang, Petitioner, v. Office of Personnel Management, Respondent, 897 F.2d 538 (Fed. Cir. 1990)

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US Court of Appeals for the Federal Circuit - 897 F.2d 538 (Fed. Cir. 1990) Feb. 13, 1990

Before ARCHER, MAYER and PLAGER, Circuit Judges.



The final decision of the Merit Systems Protection Board in Docket No. SE08318910304, dismissing the appeal of Daniel C. Lansang as untimely filed without good cause, is affirmed.


The Office of Personnel Management issued its final reconsideration decision denying Lansang's request for a retirement annuity on June 24, 1985. Although board regulations require a petition for appeal from a reconsideration decision to be filed within 25 days of the date of the decision, 5 C.F.R. Sec. 1201.22(b) (1989), he did not file his appeal until March 14, 1989. Despite being offered repeated opportunities to do so, Lansang has declined to offer any explanation for this prodigious delay. The record also suggests no reason; accordingly, we must affirm the refusal of the board to accept the appeal. See 5 U.S.C. § 7703(c) (1988); Phillips v. United States Postal Service, 695 F.2d 1389, 1390 n. 2 (Fed. Cir. 1982).