Gene M. Munson v. Merit Systems Protection Board

LINN, Circuit Judge.

Gene M. Munson (“Munson”) seeks review of a final decision by the Merit Systems Protection Board (“Board”) dismissing as untimely his appeal of the constructive denial by the Department of Commerce (“agency”) of Munson’s request for reconsideration of the denial of a within-grade increase scheduled for October 2, 1994. See Munson v. Dep’t of Commerce, 90 M.S.P.R. 583 (M.S.P.B.2002) (“Final Decision”). The Board dismissed Munson’s appeal as untimely because it was filed over two years and seven months late and there was no good cause for the delay. Because the Board’s…