Ruperto O. Grava, Petitioner, v. Office of Personnel Management, Respondent, 889 F.2d 1099 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 889 F.2d 1099 (Fed. Cir. 1989) Oct. 6, 1989

Before BISSELL, Circuit Judge, and BENNETT and EDWARD S. SMITH, Senior Circuit Judges.

PER CURIAM.


DECISION

The final decision of the Merit Systems Protection Board (Board), Docket No. SE08318810119, affirming the denial by the Office of Personnel Management (OPM) of Ruperto O. Grava's deferred civil service annuity application, is affirmed.

OPINION

Grava claims eligibility for a deferred civil service retirement annuity based on his 3 years and 9 months of military service. He claims no federal civilian service.

Military service cannot be used to establish eligibility for disability retirement. Tirado v. Department of the Treasury, 757 F.2d 263, 264-65 (Fed. Cir. 1985). Even if Grava's military service had begun on January 1, 1937, he remains ineligible for civil service retirement benefits. Id.

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