Babakitis v. Office of Personnel Management

NIES, Chief Judge.

Nicholas Babakitis seeks review of a decision by the Merit Systems Protection Board in Docket Nos. NY831M8710485-1 and NY831M87C0485-1, which affirmed the Office of Personnel Management’s determination that Babakitis had received an overpayment of civil service retirement benefits. We reverse.

*694BACKGROUND

Babakitis served on active duty in the United States Army and Air Force for a period of 10 years ending in 1952. Later he worked in civilian positions in the Navy and as an aerospace engineer with the National Aeronautics and Space Administration (NASA). In 1973, NASA…