Hamilton v. Merit Systems Protection Board

Garry R. Hamilton seeks review of the November 2, 2000, decision by the Merit Systems Protection Board, Docket No. DC0752000603I-1, dismissing as untimely his appeal alleging that his retirement from the Department of the Navy was involuntary and based on discrimination. We affirm.

We review the board’s decisions under a narrow standard. See Hamel v. President’s Comm’n on Executive Exch., 987 F.2d 1561, 1564 (Fed.Cir.1993). We must affirm absent a showing that a decision is, “(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without…