Nicolas E. Teologo, Petitioner, v. Office of Personnel Management, Respondent, 41 F.3d 1521 (Fed. Cir. 1994)

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US Court of Appeals for the Federal Circuit - 41 F.3d 1521 (Fed. Cir. 1994)

Nov. 21, 1994

Before RICH, NEWMAN, and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

On the petition of Mr. Nicolas E. Teologo, we have reviewed the decision of the Merit Systems Protection Board, Docket No. SE0831930330-I-1, holding that he is not entitled to an annuity pursuant to the Civil Service Retirement Act.

Mr. Teologo was unable to establish, by documentary record or sufficient probative evidence, that he had been an employee of the United States, and not of a contracting service for the Navy. No record of his employment subject to the CSRA was found in any governmental record. Although Mr. Teologo challenges the thoroughness of the search, he has not provided documentary support that part of his employment was as a direct employee of the United States, instead of as a contract employee for a stevedoring company in Luzon.

The administrative judge heard and gave fair weight to the evidence offered on Mr. Teologo's behalf. We must affirm the Board's holding.