Sofronio C. Rint, Petitioner, v. Office of Personnel Management, Respondent, 950 F.2d 731 (Fed. Cir. 1991)

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U.S. Court of Appeals for the Federal Circuit - 950 F.2d 731 (Fed. Cir. 1991) Nov. 15, 1991

Before RICH, PAULINE NEWMAN and CLEVENGER, Circuit Judges.



Sofronio C. Rint appeals from the May 13, 1991 order of the Merit Systems Protection Board (Board), Docket No. SE08318910585-1, sustaining the Office of Personnel Management's (OPM's) reconsideration decision denying Mr. Rint a retirement annuity. We affirm.


Mr. Rint denies receipt of a 1951 refund of retirement contributions made during his 1945-51 service. The Board concluded that this unsworn, uncorroborated denial, first raised by Mr. Rint more than 37 years after authorization of the refund, was insufficient to overcome the evidence of record to the contrary.

It is Mr. Rint's burden to establish his entitlement to a retirement annuity. See Cheeseman v. Office of Personnel Management, 791 F.2d 138, 141 (Fed. Cir. 1986), cert. denied, 479 U.S. 1037 (1987). We may overturn the Board's decision that Mr. Rint has failed to meet his burden only if we find it to be arbitrary, capricious, an abuse of discretion, contrary to law, or unsupported by substantial evidence. See 5 USC 7703(c). We find no such error.