United States Federal Circuit

Where a person abandons a career as a civilian for a career in the military by actively seeking service extensions to the point where he is eligible for regular retirement from the military, the lack of a formal letter of resignation does not make him eligible for civilian retirement benefits.

Appellate Information

• Decided 07/27/2001
• Published 07/27/2001

Judges

• SCHALL, Circuit Judge., Before CLEVENGER, SCHALL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jason M. Weinstock,Ira H. Weinstock, P.C., of Harrisburg, PA, argued for petitioner.


• For Appellees:
  
• Marian E. Sullivan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were David M. Cohen, Director;  and Robert E. Kirschman, Assistant Director.   Of counsel on the brief was Eric S. Gold, Office of General Counsel, Office of Personnel Management, of Washington, DC.