Pantaleon A. Medina, Petitioner, v. Office of Personnel Management, Respondent, 918 F.2d 186 (Fed. Cir. 1990)

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U.S. Court of Appeals for the Federal Circuit - 918 F.2d 186 (Fed. Cir. 1990)

Oct. 10, 1990


Before RICH, Circuit Judge, BALDWIN, Senior Circuit Judge, and MARKEY, Circuit Judge.

DECISION

PER CURIAM.


Pantaleon A. Medina appeals from the August 31, 1989 Initial Decision of the Administrative Judge (AJ) in Docket No. SE08318910561, which became the final decision of the Merit Systems Protection Board (Board) when the Board declined review on March 13, 1990. We affirm.

OPINION

In his brief to this court, Mr. Medina's sole complaint is that the Board failed to take into account his

services in the Lihue Plantation, Kawai, Hawaii as a laborer; likewise as a Laborer in the Hawaiian Pineapple Co., Oahu, Hawaii and as Cook in the Engineer Dredging Area, Oahu, Hawaii.

With respect to the first two allegations of employment, in order to be eligible for benefits under the Civil Service Retirement Act, Medina must have five years of creditable service as an employee within the civil service. See 5 USC 8333(a) and the definition of "employee" set forth in 5 USC 8331(1) and 5 USC 2105. Medina has presented no evidence that at the time of his employment with the Lihue Plantation and the Hawaiian Pineapple Co., he was an "employee" within the meaning of 5 USC 8331(1).

With respect to his allegation of employment as a cook for the U.S. Army, the AJ found that Medina was in fact so employed for approximately two and a half years, but concluded that this employment did not satisfy the five year requirement of 5 USC 8333(a). We agree with the AJ's conclusion.