United States Federal Circuit

Denial of plaintiff's request that his active duty military service be counted towards his Civil Service Retirement System retirement annuity is affirmed where the Merit Systems Protection Board's decision was not arbitrary or capricious.

Appellate Information

• Decided 12/22/2004
• Published 12/22/2004

Judges

• PROST, Circuit J., Before RADER, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William Lafferty, Lafferty & Lafferty, of Burlington, Massachusetts for petitioner.


• For Appellees:
  
• David A. Harrington, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director, and William F. Ryan, Assistant Director.   Of counsel were Franklin E. White Jr., Assistant Director;  John S. Groat and Gerald M. Alexander, Attorneys.   Also of counsel was Wade Plunkett, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.