Jesus M. Ceja v. United States

COWEN, Senior Circuit Judge.

The petitioner (Ceja) seeks review of a final order of the Merit Systems Protection Board (MSPB or Board) which sustained an initial decision dismissing his appeal as untimely filed. We hold that the Board erred in failing to hold that the presiding official abused his discretion, reverse the decision of the Board, and remand the case for further proceedings.

Petitioner was employed as a property disposal specialist with the Defense Logistics Agency at the Property Disposal Office, Marine Corps Air Station, El Toro, California. He had had 30 years of military and…