Fontilla v. Office of Personnel Management

Cresencio Fontilla (“Fontilla”) appeals from a final decision of the Merit Systems Protection Board (“Board”) finding that he is not eligible to make a deposit into the Civil Service Retirement and Disability Fund (“Fund”). Because the Board’s decision is in accordance with the law and is supported by substantial evidence, this court affirms.

BacKground

Fontilla held a series of excepted service appointments at the U.S. Navy Public Works Center, Subic Bay, Philippines from 1967 to 1986 when he was terminated based on his physical inability to perform his assigned tasks. During this employment,…