NOGUERA v. OFFICE OF PERSONNEL MANAGEMENT

No. 89-3059.

878 F.2d 1422 (1989)

Ignacio NOGUERA, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

July 7, 1989.


Attorney(s) appearing for the Case

Edward L. Pina, of Karam, Naranjo & Kruger, San Antonio, Tex., for petitioner.

William K. Olivier, of the Civil Div., Dept. of Justice, Washington, D.C., for respondent. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, and Robert A. Reutershan, Asst. Director. Of counsel were James M. Strock, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel, and Murray M. Meeker, Office of Gen. Counsel, Office of Personnel Management.

Before MARKEY, Chief Judge, COWEN and BENNETT, Senior Circuit Judges.


BENNETT, Senior Circuit Judge.

Petitioner Noguera appeals a final decision of the Merit Systems Protection Board (MSPB or board), 38 M.S.P.R. 453 (1988), Docket No. DA831M8610371. The board denied his request for an exemption from the restrictions prohibiting the crediting of the years of his military service to civil service retirement since he was receiving military retirement pay. 5 U.S.C. § 8332(c)(2) (1982). We affirm.

BACKGROUND

Petitioner...

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