Ignacio Noguera v. Office of Personnel Management
Court of Appeals for the Federal Circuit
1Opinion of the Court
BENNETT, Senior Circuit Judge.
Petitioner Noguera appeals a final decision of the Merit Systems Protection Board (MSPB or board), 38 M.S.P.R. 453 (1988), Docket No. DA831M8610371. The board denied his request for an exemption from the restrictions prohibiting the crediting of the years of his military service to civil service retirement since he was receiving military retirement pay. 5 U.S.C. § 8332(c)(2) (1982). We affirm.
BACKGROUND
Petitioner served in the Army from November 19, 1940 to October 17, 1945, and was awarded military disability retirement pay on October 18, 1945. Later he served…
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