Barreto v. Office of Personnel Management

Francisco Barreto seeks review of the January 15, 2002, final decision of the Merit Systems Protection Board, 90 M.S.P.R. 599, reversing the initial decision, and sustaining the Office of Personnel Management’s denial of a civil service retirement annuity. Because his service does not satisfy the statutory requirements of 5 U.S.C. § 8333, we affirm.

A board decision must be affirmed unless it is found to be: “(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without procedures required by law, rule, or regulation having been followed; or…