Telesforo v. Gajardo, Petitioner, v. Office of Personnel Management, Respondent, 909 F.2d 1496 (Fed. Cir. 1990)

Telesforo V. Gajardo petitions for review of the decision of the Merit Systems Protection Board (board), No. SE08318910540 (January 29, 1990), which held that he was not entitled to an annuity under the Civil Service Retirement Act. We affirm.

OPINION

It is well established that in order to be entitled to retirement benefits an applicant must complete a minimum of five years of service covered by the Act. 5 U.S.C. § 8333(a) and (b); see Herrera v. United States, 849 F.2d 1416, 1418 (Fed. Cir. 1988). Military service alone cannot be used to establish entitlement to a Civil Service Retirement System annuity. Tirado v. Department of the Treasury, 757 F.2d 263, 264-65 (Fed. Cir. 1985). Gajardo demonstrated only that he had military service.

The full board correctly declined to consider materials, including a medical report, which Gajardo submitted after the administrative record had closed on August 11, 1989. See 5 C.F.R. Sec. 1201.58(c). The additional materials, in any event, do not establish that Gajardo ever served in a civilian position with the United States Government.