Frank E. Marino v. Office of Personnel Management

MAYER, Chief Judge.

Frank E. Marino appeals the final decision of the Merit Systems Protection Board in Docket No. DA844E980317-I-1 (Nov. 1, 1999), denying his application for disability retirement under the Federal Employees’ Retirement System (FERS). Because the board’s decision is contrary to the language of the governing statute and regulations, we reverse and remand.

Background

Marino was employed as a Materials Handler for the Defense Logistics Agency (DLA) at the Defense Distribution Depot in San Antonio, Texas. On August 15, 1996, he was moved from the warehouse, placed in an…