Arturo S. Garingalao, Petitioner, v. Office of Personnel Management, Respondent, 945 F.2d 417 (Fed. Cir. 1991)

Arturo S. Garingalao (Garingalao) appeals from the September 13, 1990 Initial Decision of the Administrative Judge (AJ) in Docket No. SE08319010437, which became the final decision of the Merit Systems Protection Board (Board) when it denied review on January 24, 1991. We dismiss for lack of jurisdiction.

OPINION

Section 7703(b) (1) of Title 5, U.S.C. requires that "any petition for review [by the United States Court of Appeals for the Federal Circuit] must be filed within 30 days after the date the petitioner received notice of the final order or decision of the Board." The record in this case indicates that Garingalao received the Board's final order on February 6, 1991. However, Garingalao's petition for review was not filed (i.e., received by this court) until March 14, 1991, more than 30 days later. Thus, the petition is untimely and we lack jurisdiction to consider it.

Even assuming jurisdiction existed, we see no error in the AJ's decision on the merits. No evidence exists in the record before us to indicate that Garingalao was ever employed by the U.S. Government in a civilian position covered by the Civil Service Retirement System. Though Garingalao may have been employed by private companies under contract to the U.S. Government, such employment does not qualify him for a retirement annuity under the Civil Service Retirement Act.