Christopher B. Walker, Petitioner, v. Office of Personnel Management, Respondent, 845 F.2d 1034 (Fed. Cir. 1988)

DECISION

The decision of the Merit Systems Protection Board (board), Docket No. BNO8318410187-1, affirming Office of Personnel Management's reconsideration decision denying Christopher B. Walker's (Walker's) application for a discontinued service retirement annuity, is affirmed.

OPINION

The board properly concluded that as of April 1982, Walker had not met the conditions for discontinued service retirement under the statute then in effect because he had not been "separated" from service. 5 U.S.C. § 8336(d) (1) (1980). That Walker could have met that condition but for his employing agency's error does not estop the government from enforcing it under the facts of this case. See Schweiker v. Hansen, 450 U.S. 785, 788 (1981); Riggs v. Office of Personnel Management, 709 F.2d 1486, 1488 (Fed. Cir. 1983).

We affirm on the basis of the board's opinion because we do not find the decision arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or obtained without procedures required by law, rule, or regulation having been followed, or unsupported by substantial evidence. Cheeseman v. Office of Personnel Management, 791 F.2d 138, 140 (Fed. Cir. 1986); 5 U.S.C. § 7703(c) (1982).