Filing a Mixed-Case Appeal With the MSPB If you are eligible to file an appeal with the MSPB, and you decide to do so, you must file your appeal within 30 calendar days of the adverse disciplinary or personnel action involved. Additional information on how to file an MSPB appeal can be found at www.mspb.gov. If you file a mixed-case appeal and it is accepted by the MSPB: You may request a hearing from the MSPB. You will receive a final MSPB decision. You may appeal the final MSPB decision regarding the alleged discriminatory act to the EEOC OFO. You will not receive a hearing by the EEOC on your appeal — you will receive a written EEOC OFO decision. If the EEOC OFO written decision on your appeal differs from the final MSPB decision, and the MSPB does not adopt the EEOC’s decision on your appeal, the matter will be referred to a Special Panel. At each of the appeal steps shown above, the complainant may choose to file a civil action in district court instead of choosing the next administrative appeal step. That is, the complainant may file a civil action within 30 calendar days of his or her receipt of: (1) the final MSPB decision, (2) the EEOC OFO decision, or (3) the decision of the Special Panel. If your appeal is dismissed by the MSPB for lack of jurisdiction, you will have the right to process your discrimination complaint through the formal EEO complaint process.