Armstrong v. Department of the Treasury

MICHEL, Chief Judge.

William Armstrong filed an untimely petition for review with the Merit Systems Protection Board (MSPB), seeking review of the Administrative Judge’s (AJ’s) decision dismissing his case under a settlement agreement. The MSPB declined to decide Armstrong’s petition for review, finding that, because Armstrong’s new evidence of fraud in the procurement of the agreement was insufficient to render the agreement invalid, it would not excuse the untimeliness of his petition. Because the MSPB improperly conflated the issue of timeliness with the ultimate decision on the merits of…