Aurelio Soberano, Petitioner, v. Office of Personnel Management, Respondent, 930 F.2d 38 (Fed. Cir. 1991)

Aurelio Soberano appeals from the August 13, 1990 Opinion and Order of the Merit Systems Protection Board (MSPB), Docket No. SE08318910705, which modified the October 18, 1989 Initial Decision of the Administrative Judge (AJ) and denied Soberano's petition for review of the Initial Decision. We affirm.

OPINION

In order to be eligible for retirement annuity benefits, an applicant must have at least 5 years of creditable civilian service with one of the last two years prior to separation being in a position covered by the Civil Service Retirement Act (CSRA). See 5 USC Sec. 8333(a) and (b). The Board found that Soberano's alleged service from 1941 to 1945 was less than the requisite 5 years of creditable service, and that in any event, there was no evidence that this service was in a position covered by the CSRA. Soberano's brief to this court makes no argument and points to no evidence in the record to the contrary. The Board's findings are supported by substantial evidence. See 5 USC Sec. 7703(c) (3).