Form 185 Form 185

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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 legal authority (jurisdiction) of the U.S. Merit Systems Protection Board (MSPB or the Board) 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 MSPB has jurisdiction can be found in
MSPB’s regulations at 5 C.F.R. § 1201.3. The administrative judge assigned to your case will
determine whether MSPB has jurisdiction over the particular circumstances of your appeal.
More information about the adjudication of appeals before MSPB, including its regulations, may be
found at MSPB’s website: www.mspb.gov. MSPB’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
Please review MSPB’s regulations and other relevant authority for the time limits applicable to the
type of appeal you are filing. Generally, 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 Act (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.
Attachments
Please submit only the attachments requested in this form when filing your appeal. 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).
Where to File an Appeal
You must file your appeal of the agency’s action or decision with MSPB’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, you must file your appeal with MSPB’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, and the geographic areas for which they are responsible, see Appendix B.
Please visit MSPB’s e-Appeal s ystem — [LINK] — to file your appeal electronically. E-Appeal
enables you to file pleadings electronically and provides electronic access to all case related
documents filed by the agency and issued by MSPB.
MSPB Form 185, Page 1 (MM/YY), 5 C.F.R. parts 1201, 1208, and 1209

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Privacy Act Statement
AUTHORITY: MSPB may hear appeals of Federal agency actions only when it has been authorized
to do so by law, rule, or regulation. 5 U.S.C. § 7701(a); 5 U.S.C. § 1204.
PRINCIPAL PURPOSE(S):
This information is being collected for the primary purposes of
adjudicating the appeals and matters described above, rendering MSPB decisions in these matters,
and enabling case parties to have access to MSPB’s electronic filing system. Additionally, some
information about the appeal or case is used in depersonalized form for statistical purposes.
ROUTINE USE(S): The information on this form may be shared outside of MSPB as generally
permitted under 5 U.S.C. § 552a(b) of the Privacy Act of 1974, as amended. This includes sharing
the information as necessary and authorized by routine uses published in MSPB/GOVT – 1 Appeals
and Case Records, 77 Fed. Reg. 65206 (Oct. 25, 2012), and upon written request, by agreement, or
as required by law. MSPB decisions are available to the public under the provisions of the Freedom
of Information Act (FOIA), 5 U.S.C. § 552, and are posted to MSPB’s public website. Other
documents from individual appeal and case files may also be made available as required by FOIA.
DISCLOSURE: The disclosure of information on this form is voluntary; however, failure to provide
the information requested may delay or prevent the proper docketing of a matter and/or, the
adjudication of a matter, which could result in the dismissal or delay of your appeal or matter, and/or
prevent access to MSPB’s e-Appeal system.
Paperwork Burden Disclosure Notice
Public reporting burden for this data collection is estimated to vary from 60 and 120 minutes, with an
average of 90 minutes per response. The burden estimate includes the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and submitting this form. You are not required to respond to this collection of
information unless a valid Office of Management and Budget (OMB) control number is displayed on
this form. 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, NW, Washington, DC 20419; by fax to 202-653-7130; or
by email to [email protected].

MSPB Form 185, Page 2 (XX/XX), 5 C.F.R. parts 1201, 1208, and 1209

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PART 1 - Appellant and Agency Information
Everyone must complete Part 1.
Please type or print legibly.
1. Name (last, first, middle initial)
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 email address
You must promptly notify the Board in writing of any change in your telephone number(s) or email address while your appeal
is pending.
Home:

Cell:

Fax:

Work:

Email 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 3 (MM/YY), 5 C.F.R. parts 1201, 1208, and 1209

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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 4 (MM/YY), 5 C.F.R. parts 1201, 1208, and 1209

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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.
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 5 (MM/YY), 5 C.F.R. parts 1201, 1208, and 1209

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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

Current Employee

Annuitant

Surviving Spouse
Other, describe:

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 claim number (CSA or CSF) 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 6 (XX/XX), 5 C.F.R. parts 1201, 1208, and 1209

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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
email address
Office:
Fax:

Other:

City:
State:

ZIP Code:

Email
Address:

SIGN BELOW TO MAKE YOUR DESIGNATION OF REPRESENTATIVE EFFECTIVE

_______________________________________________________
Appellant’s Signature

___________________
Date (MM/DD/YYYY)

MSPB Form 185, Page 7 (MM/YY), 5 C.F.R. parts 1201, 1208, and 1209

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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)

MSPB Form 185, Page 8 (MM/YY), 5 C.F.R. parts 1201, 1208, and 1209

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APPENDIX A
Additional Claims Regularly Raised in MSPB Appeals
Harmful 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. § 1201.4(r).
Prohibited Personnel Practice: 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 equal employment
opportunity (EEO) activity. See 5 U.S.C. §§ 2302(b)(1), 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 the exercise of any appeal,
complaint, or grievance right granted by any law, rule, or regulation with regard to remedying
a violation of subsection (b)(8); for testifying or otherwise lawfully assisting any individual in
the exercise of any appeal, complaint, or grievance right granted by any law, rule, or
regulation; for cooperating with or disclosing information to the Inspector General (or any
other component responsible for internal investigation or review) of an agency, or the Special
Counsel, in accordance with applicable provisions of law; or for refusing to obey an order that
would require a violation of law, rule, or regulation. See 5 U.S.C. § 2302(b)(8), (b)(9)(A)(i),
(B), (C), and (D).

•

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 any appeal, complaint, or grievance
right, other than with regard to remedying a violation of 5 U.S.C. § 2302(b)(8).

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.
part 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. part 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.
MSPB Form 185, Page 9 (XX/XX), 5 C.F.R. parts 1201, 1208, and 1209

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IRA, USERRA, and VEOA Appeals
The law provides for three types of appeals in certain situations that might not otherwise be
appealable to MSPB (5 C.F.R. § 1201.3(a) provides a listing of matters directly appealable to MSPB,
i.e., “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 USERRA pursuant to 38 U.S.C. § 4324; and appeals
under VEOA pursuant to 5 U.S.C. § 3330a.
Note: As described above, 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
MSPB.
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 in retaliation for the exercise of any appeal, complaint, or grievance right
granted by any law, rule, or regulation with regard to remedying a violation of subsection (b)(8); for
testifying or otherwise lawfully assisting any individual in the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or regulation; for cooperating with or disclosing information
to the Inspector General (or any other component responsible for internal investigation or review) of
an agency, or the Special Counsel, in accordance with applicable provisions of law; or for refusing to
obey an order that would require a violation of law, rule, or regulation. If the personnel action
allegedly taken in reprisal for making a protected disclosure or engaging in protected activity is not
otherwise appealable to MSPB, 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 MSPB 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. part 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
MSPB. However, if you first file a USERRA complaint with DOL, you must exhaust DOL procedures
before you may file an appeal with MSPB. 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 their rights under
any statute or regulation relating to veterans’ preference. See 5 C.F.R. part 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
MSPB.

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

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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
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 DOL first, you must exhaust the procedures of DOL
before you may file an appeal with MSPB.
VEOA Appeals. If you are filing a VEOA appeal, you must file it within 15 days after the date you
received notice that DOL was unable to resolve the matter. See 5 C.F.R. § 1208.22. Note: Before
filing with MSPB, you must file a VEOA complaint with DOL, which is allowed at least 60 days to try
to resolve the matter.
Formal EEO Complaints. If you have previously filed a formal EEO complaint regarding the same
matter, you must file your MSPB 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 11 (XX/XX), 5 C.F.R. parts 1201, 1208, and 1209

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APPENDIX B
MSPB Regional and Field Offices
Atlanta Regional Office: 401 West Peachtree Street, N.W., 10th floor, Atlanta, GA 30308-3519
Telephone: (404) 730-2751; Fax: (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
Telephone: (312) 353-2923; Fax: (312) 886-4231
Geographic Area: Illinois; Indiana; Iowa; Kansas City, Kansas (only Kansas City); Kentucky;
Michigan; Minnesota; Missouri; Ohio; and Wisconsin.
Dallas Regional Office: 1100 Commerce Street, Room 620, Dallas, TX 75242-9979
Telephone: (214) 767-0555; Fax: (214) 767-0102
Geographic Area: Arkansas; Louisiana; Oklahoma; and Texas.
Denver Field Office: 165 South Union Blvd., Suite 318, Lakewood, CO 80228-2211
Telephone: (303) 969-5101; Fax: (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
Telephone: (212) 264-9372; Fax: (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
Telephone: (215) 597-9960; Fax: (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
Telephone: (703) 756-6250; Fax: (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: 1301 Clay Street, Suite 1380N, Oakland, CA 94612-5217
Telephone: (510) 273-7022; Fax: (510) 273-7136
Geographic Area: Alaska; California; Hawaii; Idaho; Nevada; Oregon; Washington; and Pacific
overseas.

MSPB Form 185, Page 12 (XX/XX), 5 C.F.R. parts 1201, 1208, and 1209