Alfonso ABADIA, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, 139 F. App'x 279

PER CURIAM. Alfonso Abadia seeks review of a final decision of the Merit Systems Protection Board that dismissed his appeal as untimely filed without a showing of good cause for his delay. Abadia v. OPM, MSPB No. DC0831030453-I-1, 97 M.S.P.R. 593 (Initial Decision, Jun. 5, 2003; Final Order Sept. 30, 2004). Counsel for the government admits that “the evidence in the record demonstrates that [Abadia’s] appeal was filed within the regulatory time limit for filing and that the Board erred in finding that his appeal was untimely.” Accordingly, and as requested by both parties, the board’s decision is reversed and the case is remanded for adjudication on the merits.