Jose A. Deguzman, Petitioner, v. Office of Personnel Management, Respondent, 847 F.2d 841 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 847 F.2d 841 (Fed. Cir. 1988) April 8, 1988

Before MARKEY, Chief Judge, RICH, Circuit Judge, and NICHOLS, Senior Circuit Judge.

PER CURIAM.


DECISION

The May 11, 1987 decision of the Merit Systems Protection Board (board), Docket No. SE08318610287, sustaining Office of Personnel Management's May 21, 1986 reconsideration decision, as amended March 13, 1987, determining that Jose A. Deguzman (Deguzman) is entitled to receive retirement benefits equal to the minimum monthly Social Security benefit, is affirmed.

OPINION

The record supports the board's finding that OPM correctly computed Deguzman's annuity under 5 U.S.C. §§ 8339, 8345(f) (1976). Deguzman had not shown the board's decision to be 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. 5 U.S.C. § 7703(c) (1982); see Cheeseman v. Office of Personnel Management, 791 F.2d 138, 140 (Fed. Cir. 1986), cert. denied, 107 S. Ct. 891 (1987). Accordingly, we affirm on the basis of that decision.

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