No. 06-3180.

474 F.3d 1309 (2007)

Craig R. LETZ, Petitioner, v. DEPARTMENT OF the INTERIOR, Respondent.

United States Court of Appeals, Federal Circuit.

January 22, 2007.

Attorney(s) appearing for the Case

W. Craig James, Mauk & Burgoyne, of Boise, ID, argued for petitioner.

Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director.

Before MICHEL, Chief Judge, RADER, and LINN, Circuit Judges.

RADER, Circuit Judge.

The Merit Systems Protection Board (Board) affirmed the United States Department of the Interior's (Agency's) decision denying Mr. Craig Letz's firefighter retirement service credit (FF credit) during two periods of his career. Letz v. Dep't of Interior, Docket No. DE0842050189-I-2 (M.S.B.P. Jan. 17, 2006) (Initial Decision). The Board found that Mr. Letz did not timely file his application for FF credit for his service between...

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