Simeon M. Pineda, Petitioner, v. Office of Personnel Management, Respondent, 899 F.2d 1228 (Fed. Cir. 1990)

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U.S. Court of Appeals for the Federal Circuit - 899 F.2d 1228 (Fed. Cir. 1990) March 14, 1990

Before RICH, Circuit Judge, JACK R. MILLER, Senior Circuit Judge, and ALLEN SHARP,*  Judge.



Simeon M. Pineda appeals the August 1, 1989, decision of the Merit Systems Protection Board (MSPB), No. SE08318910363, affirming the March 2, 1989, reconsideration decision of the Office of Personnel Management (OPM). OPM denied Pineda's application for an annuity under the Civil Service Retirement System because Pineda claimed only military service. We affirm.


Military service alone cannot establish eligibility for a civilian retirement or disability annuity. See Tirado v. Dept of Treasury, 757 F.2d 263, 264-65 (Fed. Cir. 1985); Blando v. Office of Personnel Management, 36 M.S.P.R. 102, 104 (M.S.P.B.1988). Since Pineda claimed no civilian service, he was not entitled to an annuity.


The Honorable Allen Sharp, Chief Judge of the United States District Court for the Northern District of Indiana, sitting by designation