Canoles v. Department of the Air Force

Opinion for the court filed by Circuit Judge PROST.

Dissenting opinion filed by Circuit Judge MICHEL.

PROST, Circuit Judge.

Joseph E. Cañóles (“Cañóles”) petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that he untimely filed for firefighter retirement coverage and that he was not prevented by circumstances beyond his control from *680making a timely request. We reverse and remand.

BACKGROUND

Employees of the federal government are eligible for a special retirement program if they qualify as law enforcement officers or firefighters. See 5 U.S.C. § 8836(c)…