Tomas E. Gabat, Petitioner, v. Office of Personnel Management, Respondent, 914 F.2d 271 (Fed. Cir. 1990)

The final decision of the Merit Systems Protection Board in Docket No. SE08318910677, dismissing as untimely Tomas E. Gabat's petition for review of the Office of Personnel Management's reconsideration decision denying Gabat's application for a civil service retirement annuity, is affirmed.

OPINION

We will not disturb the Board's decision that good cause does not exist to waive its requirement that petitions for review of OPM reconsideration decisions must be filed within 25 days of issuance, 5 C.F.R. Sec. 1201.22(b) (1989), unless that decision is arbitrary or capricious. Bacashihua v. MSPB, 811 F.2d 1498, 1500 (Fed. Cir. 1987). There is no dispute that Gabat's petition was untimely. He was so advised in writing and was given the opportunity to offer an explanation for his untimely filing. Since he failed to provide the Board with any reason for the delay, we affirm the Board's refusal to waive the filing requirement in his case.