Masaki Higa v. Dr. John L. McLucas Secretary of the Air Force

In September 1970, appellant Masaki Higa, a career federal employee at Hickam Air Force Base in Hawaii, received notice that the Department of the Air Force proposed to terminate his employment. The stated grounds for the proposed action were Higa's allegedly disorderly conduct and his alleged failure to follow instructions. After considering Higa’s written response, the Department of the Air Force terminated his employment, effective October 16,1970. In its notice of decision, the Department notified Higa of his right of appeal either to the Secretary of the Air Force or to the United States Civil Service Commission. He was advised that any such appeal must be filed within fifteen days from the effective date of his removal.

On October 16,1970, appellant met with a union official to discuss his termination. The official agreed to file an administrative appeal with the United States Civil Service Commission on Higa’s behalf. The union official, however, failed to file the appeal, and the fifteen-day period expired. Ultimately, on August 24, 1971, more than ten months after the effective date of his dismissal, Higa personally filed an appeal with the regional office of…