Jay C. Allen, Petitioner, v. United States Postal Service, Respondent, 918 F.2d 187 (Fed. Cir. 1990)

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U.S. Court of Appeals for the Federal Circuit - 918 F.2d 187 (Fed. Cir. 1990)

Oct. 18, 1990

Before MARKEY, Circuit Judge, COWEN, Senior Circuit Judge, and PLAGER, Circuit Judge.



Allen appeals the final decision of the Merit Systems Protection Board (MSPB), Docket No. DA07528910006 (March 26, 1990), dismissing Allen's appeal for lack of jurisdiction and for having been untimely filed. Allen asserted in his appeal that his resignation from the Postal Service was involuntary. We affirm.


The jurisdiction of the MSPB is limited in scope to that granted by Congress. Wilson v. Merit Systems Protection Bd., 807 F.2d 1577, 1579 (Fed. Cir. 1986). This jurisdiction includes appeals of removals, but not voluntary resignations. See 5 U.S.C. § 7512(1); 5 C.F.R. Sec. 752.401(b) (9) (1990); Gaudette v. Dep't of Transp., 832 F.2d 1256 (1987).

The MSPB's finding that Allen's resignation was voluntary was supported by substantial evidence in the record and must be upheld. Accordingly, the MSPB did not have jurisdiction to hear Allen's appeal. We do not need to consider the issue of untimely filing.