United States Federal Circuit

A decision to recover annuity overpayments from petitioner is affirmed where the OPM showed that petitioner -- whose injury did not occur during wartime -- was not entitled to service credit for his military service, and the Merit Systems Protection Board should never have considered the issue of waiver, nor was that issue to be considered on appeal.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• Before MAYER, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard L. Godbout, of Tuscola, Texas, pro se.


• For Appellees:
  
• Roger A. Hipp, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Bryant G. Snee, Assistant Director.   Of counsel on the brief was Paul St. Hillaire, Attorney, Office of Personnel Management, of Washington, DC.