________________,           )
     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�