________________, ) Appellant, ) ) Request No. 05970995 v. ) Appeal No. 01933866 ) Louis Caldera, ) Secretary, ) Department of the Army, ) Agency. ) __________________________________) DENIAL OF REQUEST FOR RECONSIDERATION On August 7, 1997, ______________ (appellant) initiated a request to the Equal Employment Opportunity Commission (EEOC) to reconsider the decision in __________ v. Dept. of the Army, EEOC Appeal No. 01933866 (November 22, 1995). EEOC Regulations provide that the Commissioners may, in their discretion, reconsider any previous decision. 29 C.F.R. §1614.407(a) & (c). By regulation, requests for reconsideration must be filed within thirty (30) calendar days after the party requesting reconsideration receives our previous decision. 29 C.F.R. §1614.407(b). Requests for reconsideration are deemed filed on the date received by the Commission, unless postmarked earlier. In this case, appellant's request for reconsideration carried a postmark date of August 7, 1997. The record reflects that appellant received our previous decision on December 1, 1995. Thus, appellant filed his request for reconsideration more than thirty calendar days after he received the previous decision. In his request for reconsideration, appellant attaches a copy of correspondence he alleges he sent to the Commission in November 1996 complaining of his problems with the agency and seeking reconsideration of the previous decision. However, even if the November 1996 date is used in the instant request, that correspondence would also be untimely. The Commission notes that appellant states he did not seek reconsideration sooner because he was incarcerated and seeking information from a civil rights organization. As such, appellant has failed to submit justification for extending the filing period beyond thirty days. A review of the Commission's records indicates that the agency has complied with the Commission's Order set forth in the previous decision. Appellant was sent information concerning the agency's compliance on August 15, 1996 in response to correspondence he sent to government officials. Thus, it is not necessary to repeat the Order of the previous decision herein. Accordingly, appellant's request for reconsideration is untimely and is DENIED. The decision in EEOC Appeal No. 01933866 remains the Commission's final decision in this matter. There is no further right of administrative appeal from a decision of the Commission on a request for reconsideration. RIGHT TO FILE A CIVIL ACTION (P0993) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission's decision. You have the right to file a civil action in an appropriate United States District Court. It is the position of the Commission that you have the right to file a civil action in an appropriate United States District Court WITHIN NINETY (90) CALENDAR DAYS from the date that you receive this decision. You should be aware, however, that courts in some jurisdictions have interpreted the Civil Rights Act of 1991 in a manner suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the date that you receive this decision. To ensure that your civil action is considered timely, you are advised to file it WITHIN THIRTY (30) CALENDAR DAYS from the date that you receive this decision or to consult an attorney concerning the applicable time period in the jurisdiction in which your action would be filed. If you file a civil action, YOU MUST NAME AS THE DEFENDANT IN THE COMPLAINT THE PERSON WHO IS THE OFFICIAL AGENCY HEAD OR DEPARTMENT HEAD, IDENTIFYING THAT PERSON BY HIS OR HER FULL NAME AND OFFICIAL TITLE. Failure to do so may result in the dismissal of your case in court. "Agency" or "department" means the national organization, and not the local office, facility or department in which you work. RIGHT TO REQUEST COUNSEL (Z1092) If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request that the Court appoint an attorney to represent you and that the Court permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney does not extend your time in which to file a civil action. Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File A Civil Action"). FOR THE COMMISSION: May 20, 1999 ____________ ___________________________ Date Frances M. Hart Executive Officer Executive Secretariat