Canoles v. Department of Air Force

This case comes to us on appeal from a final decision of the Merit Systems Protection Board (“MSPB”). The appellant, Joseph Cañóles, was denied an enhanced retirement annuity under 5 U.S.C. § 8336(c) on the grounds that he was not transferred from a primary firefighting position into a secondary firefighting position. Because we agree that Cañóles was not transferred from a primary to a secondary firefighting position and because any primary firefighting duties he undertook were the result of training for his secondary firefighting position, we affirm.

BACKGROUND

The facts of this case are…