Ronald F. Koenig v. Department of the Navy

FRIEDMAN, Senior Circuit Judge.

We again must determine whether a police officer at the United States Naval Base in Norfolk, Virginia was a law enforcement officer under 5 U.S.C. § 8336(c)(1), and therefore was entitled to more favorable retirement benefits. In Watson v. Department of the Navy, 262 F.3d 1292 (Fed.Cir.2001), we upheld the decision of the Merit Systems Protection Board (“Board”) that other police officers at the Norfolk Naval Base were not law enforcement officers. We conclude that the position of the police officer in this case was substantially the same as the positions of the…