Carolyn Miller v. Department of the Army, AT-3443-17-0418-I-1

Appellant Carolyn Miller, pro se, appealed various agency actions by the Department of the Army; an administrative judge dismissed the appeal for lack of Board jurisdiction.
On petition for review Miller argued the Board has jurisdiction as a mixed case and, for the first time on review, asked the Board to conduct regulation review of 5 C.F.R. § 1201.24(a)(7) and 5 C.F.R. § 332.406(c).
The Board summarized its petition-for-review standard under 5 C.F.R. § 1201.115 and considered whether Miller met any of those grounds (e.g., factual error, legal error, procedural error affecting outcome, or new material evidence/argument).
The Board concluded Miller did not establish a basis for granting review and therefore denied the petition and affirmed the initial decision, making it the Board’s final decision.
The Board also denied Miller’s late request for regulation review because she did not raise it below and, substantively, it failed to allege grounds permitting the Board to invalidate OPM regulations under 5 U.S.C. § 1204(f)(1).
The decision includes the Board’s notice of appeal rights: Federal Circuit review (generally 60 days), district court or EEOC review for discrimination claims (30 days), and options under the Whistleblower Protection Enhancement Act for certain reprisal claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Board jurisdiction over Miller's appeal (mixed case)	Miller contends the appeal is a mixed case and thus the Board has jurisdiction	Agency/initial decision: appeal lacks Board jurisdiction	Denied — petition for review failed; initial decision dismissing for lack of jurisdiction affirmed
Whether petition for review met grounds in 5 C.F.R. § 1201.115	Miller asserted errors and raised new arguments on review	Agency argued Miller did not identify erroneous fact, legal error, procedural abuse, or new material evidence warranting review	Denied — Miller did not satisfy § 1201.115 standards
Request for Board regulation review of OPM rules (5 C.F.R. §§ 1201.24(a)(7), 332.406(c))	Miller asked on petition for review that the Board examine and invalidate those regulations	Agency argued the request was not raised below and did not state a statutory basis under 5 U.S.C. § 1204(f)(1) for regulation review	Denied — request was not preserved and, in any event, failed to plead a valid basis for regulation review

Perry v. Merit Systems Protection Board, 137 S. Ct. 1975 (2017) (explains that discrimination claims appealable to the Board may be reviewed in district court under specified circumstances)