Form 185 MSPB Form 185

OMB No. 3124-0009

MERIT SYSTEMS PROTECTION BOARD
APPEAL FORM (MSPB FORM 185)
INSTRUCTIONS FOR COMPLETING YOUR APPEAL
MSPB’s Authority to Review Employment Related Actions or Decisions
The MSPB (the Board)’s legal authority (jurisdiction) to review employment-related actions or decisions is limited to those
matters specifically entrusted to it by law, rule, or regulation. A listing of matters over which the Board has jurisdiction can be
found in the Board’s regulations at 5 C.F.R. § 1201.3. The administrative judge assigned to your case will determine whether
the Board has jurisdiction over the particular circumstances of your appeal.
Where to Obtain Additional Information
Much more information about the adjudication of appeals before the MSPB, including the Board’s regulations, may be found at
the Board’s website: www.mspb.gov. The Board’s regulations are also published in the Code of Federal Regulations,
5 C.F.R. Part 1200 et seq., available in many libraries.
Time Limits for Filing an Appeal
You must file your appeal within 30 calendar days of the effective date, if any, of the action or decision you are appealing, or
the date you received the agency’s decision, whichever is later. (Please note that Individual Right of Action (IRA), Uniformed
Services Employment and Reemployment Rights (USERRA), and Veterans Employment Opportunities Act (VEOA) appeals
have different time limits, as described in Appendix A). In limited circumstances, the 30-day filing time limit may be extended
if you and the agency mutually agree in writing to try to resolve your dispute through an alternative dispute resolution process
before you file an appeal. See 5 C.F.R. § 1201.22(b)-(c). The 30-day time limit may also be extended if you have previously
filed a formal equal employment opportunity (EEO) complaint regarding the same matter, as described in Appendix A. The
date of filing is the date your appeal is postmarked, the date of the facsimile (fax) transmission, the date it is delivered to a
commercial overnight delivery service, the date of receipt in the regional or field office if you personally deliver it, or the date of
submission if you file your appeal electronically. Do not delay filing your appeal merely because you do not currently
have the documents requested in this form.
Where to File an Appeal
You must file your appeal of the agency’s action or decision with the Board’s regional or field office responsible for your actual
or potential duty station. If you are appealing a retirement or suitability decision by the Office of Personnel Management
(OPM), you must file your appeal with the Board's regional or field office responsible for where you live. See
5 C.F.R. § 1201.4(d) and 1201.22(a). For a list of regional and field offices, see Appendix B.
Attachments
Please submit only the attachments requested in this form. The filing of an appeal is just the beginning of the adjudication
process, and you will have additional opportunities to submit evidence and argument before a decision is issued. Further, the
agency will submit all the documents contained in its record of the action. 5 C.F.R. § 1201.25(c).

If you prefer to file your appeal electronically, please visit
MSPB e-Appeal Online — https://e-appeal.mspb.gov
MSPB Form 185, Page 1 (5/13)
5 C.F.R. Parts 1201, 1208 and 1209

PART 1 - Appellant and Agency Information
Everyone must complete Part 1.
Please type or print legibly.
1. Name (last, first, middle)
Last

M. Initial

First

Please list your first name as it appears in your official
personnel records. For example, if your first name is
"William" on your official personnel records, please list it
that way on the appeal form, not "Bill" or "Willy."

2. Present address (number and street, city, State, and Zip code)
You must promptly notify the Board in writing of any change in your mailing address while your appeal is pending.
Address:

State:

City:

Zip Code:

3. Telephone Numbers (include area code) and E-Mail Address
You must promptly notify the Board in writing of any change in your telephone number(s) or e-mail address while your appeal is
pending.
Work:

Home:

Cell:

Fax:

e-Mail Address:

4. Name and address of the agency that took the action or made the decision you are appealing (include bureau or division, street address, city,
State and Zip code)
Agency Name:
Bureau:
Address:

Phone Number:

City:

State:

Zip Code:

5. Your Federal employment status at the time of the action or
decision you are appealing:
Permanent

Temporary

Seasonal

Applicant

6. Type of appointment (if applicable):
Competitive

Excepted

Term

Postal Service

SES

Retired

Other (describe):

None
7. Your position, title, grade, and duty station at the time of the action or decision you are
appealing (if applicable):
Occupational Series
or Cluster:

Position Title:

Grade or Pay Band:

Duty Station:

9. Length of Federal service (if applicable):
Years

Months

8. Are you entitled to veteran's preference?
See 5 U.S.C. § 2108.
Yes

No

10. Were you serving a probationary, trial, or initial service period at the time of the action
or decision you are appealing?
No
Yes

11. HEARING: You may have a right to a hearing before an administrative judge. If you elect not to have a hearing, the administrative judge
will make a decision on the basis of the submissions of the parties. Do you want a hearing?
Yes

No
MSPB Form 185, Page 2 (5/13)
5 C.F.R. Parts 1201, 1208, and 1209

PART 2 - Agency Personnel Action or Decision (non-retirement)
Complete this part if you are appealing a Federal agency personnel action or decision other than a
decision directly addressing your retirement rights or benefits. This includes certain actions that might not
otherwise be appealable to the Board: individual right of action (IRA) appeals under the Whistleblower Protection
Act (WPA); appeals under the Uniformed Services Employment and Reemployment Rights Act (USERRA); or
appeals under the Veterans Employment Opportunities Act (VEOA). An explanation of these three types of
appeals is provided in Appendix A.
12. Check the box that best describes the agency personnel action or decision you are appealing. (If you are appealing more than one
action or decision, check each box that applies.)
Removal (termination after completion of
probationary or initial service period)

Involuntary resignation
Involuntary retirement

Termination during probationary or initial
service period

Denial of within-grade increase

Reduction in grade, pay, or band

Furlough of 30 days or less

Suspension for more than 14 days

Separation, demotion or furlough for more than 30 days by
reduction in force (RIF)

Failure to restore/reemploy/reinstate or improper
restoration/reemployment/reinstatement

Other action (describe):

Negative suitability determination
13. Date you received the agency’s final decision letter (if any)
(MM/DD/YYYY):

14. Effective date (if any) of the agency action or decision
(MM/DD/YYYY):

15. Prior to filing this appeal, did you and the agency mutually agree in writing to try to resolve the matter through an alternative dispute
resolution (ADR) process?
Yes (attach a copy of the agreement)

No

16. Explain briefly why you think the agency was wrong in taking this action, including whether you believe the agency engaged in harmful
procedural error, committed a prohibited personnel practice, or engaged in one of the other claims listed in Appendix A. Attach the
agency’s proposal letter, decision letter, and SF-50, if available. Attach additional sheets if necessary (bearing in mind that there
will be later opportunities to supplement your filings).

MSPB Form 185, Page 3 (5/13)
5 C.F.R. Parts 1201, 1208, and 1209

PART 2 - Agency Personnel Action or Decision (non-retirement) (continued)
17. With respect to the agency personnel action or decision you are appealing, have you, or has anyone on your behalf, filed a grievance
under a negotiated grievance procedure provided by a collective bargaining agreement?
Yes

No

If “Yes,” attach a copy of the grievance, enter the date it was filed, and enter the place where it was filed if different from your answer
to question 4 in Part 1.
Agency Name:

Date Filed (MM/DD/YYYY):

Bureau:
Address:

City:

State:

Zip Code:

If a decision on the grievance has been issued, attach a copy of the decision and enter the date it was issued (MM/DD/YYYY):
Date Issued (MM/DD/YYYY):

Answer Question 18 ONLY if you are filing an IRA appeal.
18. If you filed a whistleblowing complaint with the Office of Special Counsel (OSC), provide the date on which you did so and the date on
which OSC made a decision or terminated its investigation, if applicable. Attach copies of your complaint and OSC’s termination of
investigation letter, notifying you of your right to seek corrective action from the Board.
Date Filed (MM/DD/YYYY):
Date of OSC decision or termination of investigation (MM/DD/YYYY):

Answer Question 19 ONLY if you are filing a USERRA or VEOA appeal.
19. If you filed a complaint with the Department of Labor (DOL), list the date on which you did so, and attach a copy of your complaint. If
DOL has made a decision on your complaint, list the date of this decision, and attach a copy of it. If DOL has not made a decision on
your complaint within 60 days from the date you filed it, state whether you have notified DOL of your intent to file an appeal with the
Board, and attach a copy of such notification.
Date Filed (MM/DD/YYYY):

Has DOL made a decision on your complaint?
Yes

No

If “Yes,” enter the date it was made. If "No", state whether you have notified DOL of your intent to file an appeal with the Board,
and attach a copy of such notification.
Date of DOL decision (MM/DD/YYYY):

Notified DOL of your intent to file an appeal with the Board?

MSPB Form 185, Page 4 (5/13)
5 C.F.R. Parts 1201, 1208, and 1209

PART 3 - OPM or Agency Retirement Decision
Complete this part if you are appealing a decision of the Office of Personnel Management (OPM) or other
Federal agency directly addressing your retirement rights or benefits.
21. Are you a:

20. In which retirement system are you enrolled?
CSRS

CSRS Offset

FERS

Other, describe:

Current Employee

Annuitant

Surviving Spouse
Other, describe:

22. If retired, date of retirement, or if unknown, approximate date:
Date Retired (MM/DD/YYYY):

23. Describe the retirement decision you are appealing.

24. Have you received a final or reconsideration decision from OPM or another Federal agency?
Yes (attach a copy)

No

If “Yes,” on what date did you receive the decision?
Date Received (MM/DD/YYYY):

Provide the OPM processing (CSA or CSF) number in your appeal:
OPM Claim Number:

25. Explain briefly why you think OPM or another Federal agency was wrong in making this decision.

MSPB Form 185, Page 5 (5 /13)
5 C.F.R. Parts 1201, 1208, and 1209

PART 4 — Designation of Representative

26. Has an individual or organization agreed to represent you in this proceeding before the Board? (You may designate a representative
at any time. However, it is unlikely that the appeals process will be delayed for reasons related to obtaining or maintaining
representation. Moreover, you must promptly notify the Board in writing of any change in representation.)
Yes (Complete the information below and sign)

No

DESIGNATION:
"I hereby designate ____________________________________
to serve as my representative during the course of this appeal.
I understand that my representative is authorized to act on my behalf. In addition, I specifically delegate to my representative the authority to
settle this appeal on my behalf. I understand that any limitation on this settlement authority must be filed in writing with the Board."
Representative's address (number and street, city, State and Zip code)
Address:

Representative's telephone numbers (include area code) and e-mail
address
Office:
Fax:

Other:

City:
State:

Zip Code:

e-Mail
Address:

SIGN BELOW TO MAKE YOUR DESIGNATION OF REPRESENTATIVE EFFECTIVE

________________________________________________________

Appellant’s Signature

___________________

Date (MM/DD/YYYY)

MSPB Form 185, Page 6 (5/13)
5 C.F.R. Parts 1201, 1208, and 1209

PART 5 - Certification
27. I certify that all of the statements made in this form and any attachments are true, complete, and correct to the best of my
knowledge and belief.

________________________________________________________

___________________

Signature of Appellant or Representative

Date (MM/DD/YYYY)

Privacy Act Statement
This form requests personal information that is relevant and necessary to reach a decision in your appeal. The Merit
Systems Protection Board collects this information in order to process appeals under its statutory and regulatory
authority. Because your appeal is a voluntary action, you are not required to provide any personal information to the
Merit Systems Protection Board in connection with your appeal. Conceivably, failure to provide all information
essential to reaching a decision in your case could result in the dismissal or denial of your appeal.
Decisions of the Merit Systems Protection Board are available to the public under the provisions of the Freedom of
Information Act and are posted to the Merit Systems Protection Board's public website. Some information about the
appeal also is used in depersonalized form for statistical purposes. Finally, information from your appeal file may be
disclosed as required by law under the provisions of the Freedom of Information Act and the Privacy Act.
See 5 U.S.C. §§ 552, 552a.

Public Reporting Burden
The public reporting burden for this collection of information is estimated to vary from 20 minutes to 4 hours, with an
average of 60 minutes per response, including time for reviewing the form, searching existing data sources, gathering
the data necessary, and completing and reviewing the collection of information. Send comments regarding the
burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden,
to Office of the Clerk of the Board, Merit Systems Protection Board, 1615 M Street, N.W., Washington, DC 20419 or by
e-mail to [email protected].

MSPB Form 185, Page 7 (5/13)
5 C.F.R. Parts 1201, 1208, and 1209

APPENDIX A
ADDITIONAL CLAIMS
Harmful Procedural Error: Error by the agency in the application of its procedures that is likely to have caused the
agency to reach a conclusion different from the one it would have reached in the absence or cure of the error. The
burden is upon the appellant to show that the error was harmful, i.e., that it caused substantial harm or prejudice to his or
her rights. 5 C.F.R. § 1201.56(c)(3).
Prohibited Personnel Practices: A claim that the agency action or decision you are challenging was the result of one of
the personnel practices prohibited by 5 U.S.C. § 2302(b). Among the prohibited personnel practices most likely to be
relevant as an affirmative defense in an MSPB proceeding are: unlawful discrimination under subsection (b)(1);
retaliation for protected whistleblowing under subsection (b)(8); and retaliation for other protected activity under
subsection (b)(9).
•

Unlawful Discrimination: A claim that the agency action was the result of prohibited discrimination based on
race, color, religion, sex, national origin, disability, age, marital status, political affiliation, genetic information,
and retaliation for prior EEO activity. See 5 U.S.C § 2302(b)(1) and 7702; 5 C.F.R. Part 1201, Subpart E;
29 C.F.R. Part 1630 and Appendix to Part 1630; 42 U.S.C. § 2000ff et seq.; 29 C.F.R. § 1614.302-.308. If
you filed a formal discrimination complaint, give the date on which you did so, state whether and when the
agency issued a final decision on your discrimination complaint, and provide copies of both.

•

Retaliation for whistleblowing activity under 5 U.S.C. § 2302(b)(8) and (b)(9)(A)(i), (B), (C), or (D): A
claim that the agency action was taken in retaliation for the disclosure of information the individual reasonably
believes demonstrates a violation of law, rule, or regulation, gross mismanagement, gross waste of funds,
abuse of authority, or substantial and specific danger to public health or safety, or in retaliation for exercise of
the right to appeal, complain, or grieve an alleged violation of Subsection (b)(8); for testifying or otherwise
lawfully assisting another's right to appeal, complain, or grieve such an alleged violation; for cooperating with
or disclosing information to the Inspector General or Special Counsel in accordance with applicable provisions
of law; or for refusing to obey an order that would require a violation of law. See 5 C.F.R. § 1209.4(b).

•

Retaliation for other protected activity under 5 U.S.C. § 2302(b)(9)(A)(ii): A claim that the agency action
was taken in retaliation for the exercise of a right, other than with regard to remedying an alleged violation of
5 U.S.C. § 2302(b)(8), such as the filing of an appeal, complaint, or grievance.

Violation of Rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA): A
claim that the agency action violated rights and benefits under 38 U.S.C. Chapter 43, by denying initial employment,
reemployment, retention in employment, promotion, or any benefit of employment on the basis of membership,
application for membership, performance of service, application for service, or obligation to perform service in a
uniformed service. See 5 C.F.R. § 1208, Subpart B.
Violation of a Law or Regulation relating to Veterans' Preference pursuant to the Veterans Employment
Opportunities Act (VEOA): A claim that the agency action violated rights related to veterans' preference under any
statute or regulation. See 5 C.F.R. § 1208, Subpart C; 5 U.S.C. § 3330(a).
Not in accordance with law: A claim that the agency's action was unlawful in its entirety, that is, there is no legal
authority for the action.

IRA, USERRA, and VEOA APPEALS
The law provides for three types of appeals in certain situations that might not otherwise be appealable to the MSPB
(See 5 C.F.R. § 1201.3(a) for a list of otherwise appealable actions): Individual Right of Action (IRA) appeals under the
Whistleblower Protection Act (WPA) and Whistleblower Protection Enhancement Act (WPEA) pursuant to
5 U.S.C. § 1221; appeals under the Uniformed Services Employment and Reemployment Rights Act (USERRA)
pursuant to 38 U.S.C. § 4324; and appeals under the Veterans Employment Opportunities Act (VEOA) pursuant to
5 U.S.C. § 3330a.
Note: As previously set forth, allegations of retaliation for whistleblowing, as well as allegations under USERRA and
VEOA, may be brought as additional claims in cases that are otherwise appealable to the Board.

MSPB Form 185, Page 8 (5/13)
5 C.F.R. Parts 1201, 1208, and 1209

IRA Appeals under the WPA and WPEA. Subsection (b)(8) of 5 U.S.C. § 2302 makes it a prohibited personnel
practice to threaten, propose, take, or not take a personnel action listed in 5 U.S.C. § 2302(a)(2) because of an
individual's disclosure of information that he or she reasonably believes shows a violation of law, rule, or regulation,
gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health or
safety. Subsections (b)(9)(A)(i), (B), (C), and (D) make it a prohibited personnel practice to threaten, propose, take, or
not take a personnel action because an individual exercised the right to appeal, complain, or grieve an alleged violation
of Subsection (b)(8); testified or otherwise lawfully assisted another's right to appeal, complain, or grieve such an alleged
violation; cooperated with or disclosed information to the Inspector General or Special Counsel in accordance with
applicable provisions of law; or refused to obey an order that would require a violation of law.
See
5 C.F.R. § 1209.4. If the personnel action allegedly taken in reprisal for making a protected disclosure or engaging in
protected activity is not otherwise appealable to the Board, you must first file a whistleblower complaint with the Office of
Special Counsel (OSC) and exhaust the procedures of that office, see 5 U.S.C. § 1214(a)(3), before you may file an IRA
appeal with the Board under 5 U.S.C. § 1221.
USERRA Appeals. In USERRA appeals, appellants allege that agencies have violated their rights and benefits under
38 U.S.C. Chapter 43, by denying initial employment, reemployment, retention in employment, promotion, or any benefit
of employment on the basis of their membership, application for membership, performance of service, application for
service, or obligation to perform service in a uniformed service. See 5 C.F.R. § 1208, Subpart B. To pursue redress
for a USERRA violation, you may either file a USERRA complaint with the Department of Labor (DOL) or file an appeal
with the Board. However, if you first file a USERRA complaint with DOL, you must exhaust DOL procedures before you
may file an appeal with the Board. See 5 C.F.R. § 1208.11.
VEOA Appeals. A VEOA appeal is one in which a preference eligible (defined in 5 U.S.C. § 2108) or veteran described
in 5 U.S.C. § 3304(f)(1) alleges that a Federal agency violated his or her rights under any statute or regulation relating to
veterans' preference. See 5 C.F.R § 1208, Subpart C. Unless you are making a VEOA claim in an otherwise
appealable action, you must file a VEOA complaint with DOL and allow DOL at least 60 days to try to resolve the matter
before filing an appeal with the Board.

Time Limits for filing IRA, USERRA, and VEOA Appeals,
and following the filing of a Formal EEO Complaint
IRA Appeals. If you are filing an IRA appeal, you must file no later than 65 days after the date of the Office of Special
Counsel (OSC) notice advising you that the Special Counsel will not seek corrective action, or within 60 days after the
date you received the OSC notice, whichever is later. See 5 C.F.R § 1209.5.
USERRA Appeals. If you are filing a USERRA appeal, there is no time limit for filing. See 5 C.F.R. § 1208.12. If you file
a USERRA complaint with the Department of Labor (DOL) first, you must exhaust the procedures of DOL before you may
file an appeal with the Board.
VEOA Appeals. If you are filing a VEOA appeal, you must file it within 15 days after the date you received notice that
the Department of Labor (DOL) was unable to resolve the matter. See 5 C.F.R. § 1208.22. Note: Before filing with the
Board, you must file a VEOA complaint with the DOL, which is allowed at least 60 days to try to resolve the matter.
Formal EEO Complaints. If you have previously filed a formal Equal Employment Opportunity (EEO) complaint
regarding the same matter, you must file your Board appeal within 30 days after receiving the agency's resolution or final
decision as to that complaint, or you may file at any time after 120 days have elapsed from the filing of the complaint in
the absence of such an agency resolution or decision. See 5 C.F.R. § 1201.154(b).

MSPB Form 185, Page 9 (5/13)
5 C.F.R. Parts 1201, 1208, and 1209

APPENDIX B
MSPB Regional and Field Offices
Atlanta Regional Office: 401 West Peachtree Street, N.W., 10th floor, Atlanta, GA 30308-3519
Tel No.: (404) 730-2751; Fax No.: (404) 730-2767
Geographic Area: Alabama; Florida; Georgia; Mississippi; South Carolina; and Tennessee.
Central Regional Office: 230 South Dearborn Street, 31st floor, Chicago, IL 60604-1669
Tel No.: (312) 353-2923; Fax No.: (312) 886-4231
Geographic Area: Illinois; Indiana; Iowa; Kansas City, Kansas; Kentucky; Michigan; Minnesota;
Missouri; Ohio; and Wisconsin.
Dallas Regional Office: 1100 Commerce Street, Room 620, Dallas, TX 75242-9979
Tel. No.: (214) 767-0555; Fax No.: (214) 767-0102
Geographic Area: Arkansas; Louisiana; Oklahoma; and Texas.
Denver Field Office: 165 South Union Blvd., Suite 318, Lakewood, CO 80228-2211
Tel. No.: (303) 969-5101; Fax No.: (303) 969-5109
Geographic Area: Arizona; Colorado; Kansas (except Kansas City); Montana; Nebraska; New
Mexico; North Dakota; South Dakota; Utah; and Wyoming.
New York Field Office: 26 Federal Plaza, Room 3137-A, New York, NY 10278-0022
Tel. No.: (212) 264-9372; Fax No.: (212) 264-1417
Geographic Area: New Jersey counties of Bergen, Essex, Hudson, and Union; New York; Puerto
Rico; and Virgin Islands.
Northeastern Regional Office: 1601 Market Street, Suite 1700, Philadelphia, PA 19103
Tel. No.: (215) 597-9960; Fax No.: (215) 597-3456
Geographic Area: Connecticut; Delaware; Maine; Maryland (except the counties of Montgomery and
Prince George's) Massachusetts; New Hampshire; New Jersey (except the counties of Bergen,
Essex, Hudson, and Union); Pennsylvania; Rhode Island; Vermont; and West Virginia.
Washington Regional Office: 1901 S. Bell Street, Suite 950, Arlington, VA 22202
Tel. No.: (703) 756-6250; Fax No.: (703) 756-7112
Geographic Area: Maryland counties of Montgomery and Prince George's; North Carolina; Virginia;
Washington, DC; and all overseas areas not otherwise covered.
Western Regional Office: 201 Mission Street, Suite 2310, San Francisco, CA 94105-1831
Tel. No.: (415) 904-6772; Fax No.: (415) 904-0580
Geographic Area: Alaska; California; Hawaii; Idaho; Nevada; Oregon; Washington; and Pacific
overseas.

MSPB Form 185, Page 10 (5/13)
5 C.F.R. Parts 1201, 1208, and 1209