Teodoro v. Olaes, Petitioner, v. Office of Personnel Management, Respondent, 831 F.2d 305 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 831 F.2d 305 (Fed. Cir. 1987) September 8, 1987

Before MARKEY, Chief Judge, BALDWIN, Senior Circuit Judge, and PAULINE NEWMAN, Circuit Judge.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board (Board), Docket No. SE08318710016, dismissing Teodoro V. Olaes' appeal because the matter had been previously finally adjudicated, is affirmed.

OPINION

The Board found that 'appellant's petition to the Board and the CSC's 1978 decision concern the same issue--entitlement to an annuity based on service with the Department of the Navy between 1941 and 1956,' and dismissed Mr. Olaes' appeal as having been previously adjudicated by the Civil Service Commission. The record before us shows that the matter was considered and decided on its merits, the CSC correctly drawing the distinction between 'creditable' service and a position covered by the retirement law. Appellant's computations to the contrary are unsubstantiated. The Board correctly held that the prior decision was res judicata against Mr. Olaes.