EEOC Appeal 2026004205

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Walton Z.,1
Petitioner,
v.
Pete Hegseth,
Secretary,
Department of War
(Defense Information Systems Agency),
Agency.
Petition No. 2026004205
MSPB No. DA-0752-24-0075-I-1
DECISION
On September 6, 2026, Petitioner filed a petition with the Equal Employment
Opportunity Commission (EEOC or Commission) asking for review of a Final Order
issued by the Merit Systems Protection Board (MSPB) concerning his claim of
discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. § 2000e et seq.
BACKGROUND
At the time of events giving rise to this complaint, Petitioner worked as an IT
Cybersecurity 	Specialist 	at 	the 	Agency’s 	Tinker 	Air 	Force 	Base 	in 	Tinker,
Oklahoma.
On October 26, 2023, the Agency issued a decision removing him from his position
for conduct unbecoming a federal employee, effective immediately. 	Petitioner
1 This case has been randomly assigned a pseudonym which will replace Petitioner’s
name when the decision is published to non-parties and the Commission’s website.

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appealed to the MSPB, seeking to reverse the Agency’s decision to remove him. On
November 8, 2024, an MSPB Administrative Judge (AJ) issued a decision affirming
the 	removal 	because 	the 	Agency 	proved 	its 	charges 	against 	Petitioner 	and
established that the penalty was reasonable. 	Petitioner then filed a petition for
review before the full Board, which denied the petition on May 26, 2026.
Petitioner then filed the instant petition but did not file a brief on appeal. In response,
the Agency filed a brief urging dismissal of Petitioner’s appeal because it was
untimely filed.
ANALYSIS
EEOC Regulations provide that the Commission has jurisdiction over mixed case
appeals on which the MSPB has issued a decision that makes determinations on
allegations of discrimination. 29 C.F.R. § 1614.303 et seq. The Commission must
determine whether the decision of the MSPB with respect to the allegation of
discrimination constitutes a correct interpretation of any applicable law, rule,
regulation or policy directive, and is supported by the evidence in the record as a
whole. 29 C.F.R. § 1614.305(c).
Under 29 C.F.R. §1614.303, petitions for review of a MSPB decision must be filed
with the Commission within 30 days of receipt of the final decision of the MSPB.
In this case, the MSPB’s final decision was emailed to Petitioner and his then-
counsel on May 26, 2026. Petitioner did not file his petition until September 6, 2026,
more than three months after the MSPB issued its decision. 	Petitioner has not
offered any reason to justify his untimely filing. 	Petitioner’s appeal is therefore
untimely and must be dismissed.
CONCLUSION
We therefore dismiss the petition for review.
PETITIONER’S RIGHT TO FILE A CIVIL ACTION (W0124)
This 	decision 	of 	the 	Commission 	is 	final, and 	there 	is 	no 	further 	right 	of
administrative appeal from the Commission’s decision. You have the right to file a
civil action in an appropriate United States District Court, based on the decision of
the Merit Systems Protection Board, within thirty (30) calendar days of the date
that you receive this decision. 	If you file a civil action, you must name as the

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defendant in the complaint the person who is the official Agency head or department
head, identifying that person by their full name and official title. 	Failure to do so
may result in the dismissal of your case in court. “Agency” or “department” means
the national organization, and not the local office, facility or department in which
you work.
RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so,
you may request permission from the court to proceed with the civil action without
paying these fees or costs. Similarly, if you cannot afford an attorney to represent
you in the civil action, you may request the court to appoint an attorney for you. You
must submit the requests for waiver of court costs or appointment of an
attorney directly to the court, not the Commission. The court has the sole
discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant’s
Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
T. Gimbrere
____________________________ 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 28, 2026
Date