Steven J. Elgin, Petitioner, v. Merit Systems Protection Board, Respondent, 17 F.3d 1444 (Fed. Cir. 1994)

DECISION

Steven J. Elgin petitions for review of the initial decision of the Merit Systems Protection Board (board), Docket No. DC3443930226-I-1 (Mar. 23, 1993), which became final when the full board denied review on July 16, 1993. The board dismissed his appeal for lack of jurisdiction. We affirm.

DISCUSSION

This court must affirm the decision of the board unless it finds that the decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; obtained without following the procedures required by law, rule, or regulation; or unsupported by substantial evidence. 5 U.S.C. § 7703(c). The jurisdiction of the board is limited to those actions which are made appealable to it by law, rule, or regulation. Dowd v. United States, 713 F.2d 720, his appeal. Minor v. Merit Systems Protection Board, 819 F.2d 280, 282 (Fed. Cir. 1987); 5 C.F.R. Sec. 1201.56(a) (2) (i) (1993).

Elgin, a Supervisory Police Officer for the Bureau of Engraving and Printing, appealed to the board his nonselection for promotion to the position of Lieutenant. Because an agency's failure to select an applicant for a vacant position is not an action appealable to the board, the board properly dismissed the appeal. See 5 C.F.R. Sec. 1201.3 (1993); Diamond v. United States Postal Service, 51 M.S.P.R. 448, 450 (1991), aff'd, 972 F.2d 1353 (Fed. Cir. 1992) (Table).

We have considered Elgin's remaining arguments and find them to be without merit.