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Lawrence F. MacIntyre seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal because he did not present any question over which the Board has jurisdiction to act. See MacIntyre v. Merit Sys. Prot. Bd., No. BN0752990181-I-1 (June 20, 2000). We affirm.


On July 19, 1999, Mr. MacIntyre appealed to the Board challenging the termination of his temporary appointment in the United States Postal Service, effective July 4, 1999, which was the termination date of his appointment specified at the time he received his appointment. When the expiration date of an appointment is specified as a basic condition of employment, the employee’s separation on the expiration date is not an adverse action appealable to the Board. See Davis v. Small Business Admin., 74 M.S.P.R. 281, 287 (1997). Accordingly, the administrative judge to whom Mr. MacIntyre’s appeal was assigned notified him of his obligation to identify an adverse personnel action over which the Board has jurisdiction. In response, Mr. MacIntyre identified two actions that he considered to be adverse personnel actions subject to Board jurisdiction: his alleged removal on May 14, 1999, and the failure of the agency to rehire him thereafter. In connection with the alleged removal on May 14, Mr. MacIntyre also alleged that the revocation of his driving privileges constituted an adverse personnel action. Mr. MacIntyre also alleged discrimination in violation of the Civil Rights Act of 1964 and prohibited personnel actions under the Whistleblower Protection Act, 5 U.S.C. � 2302, et seq.

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