Toribio P. Cayme, Petitioner, v. Office of Personnel Management, Respondent, 923 F.2d 872 (Fed. Cir. 1990)

DECISION

Toribio P. Cayme appeals from the December 11, 1989 Initial Decision of the Administrative Judge (AJ) in Docket No. SE08318910850, which became the final decision of the Merit Systems Protection Board (MSPB) when the MSPB declined review on April 23, 1990. We affirm.

OPINION

Under 5 USC Sec. 8333(a), an employee must have at least five years of creditable civilian service to be eligible for a civil service retirement annuity. The AJ found that Cayme's service in the United States Army from 1941 to 1946 was military service. This finding is supported by substantial evidence. 5 USC Sec. 7703(c). Therefore, Cayme lacks the requisite five years of creditable civilian service. See Tirado v. Department of the Treasury, 757 F.2d 263, 265 (Fed. Cir. 1985).