Luis G. Ensomo, Petitioner, v. Office of Personnel Management, Respondent, 923 F.2d 870 (Fed. Cir. 1990)

Petitioner appeals from the September 7, 1989 Initial Decision of the Administrative Judge (AJ), Docket No. SE08318910494, which became the final decision of the Merit Systems Protection Board (MSPB) when the MSPB declined review on February 28, 1990. We affirm.

OPINION

Petitioner seeks a civil service retirement annuity on the basis of his military service in the Philippines from 1941 through 1948. The AJ found that petitioner's claim was based on military service only, and therefore affirmed respondent's denial of the claim.

As the AJ correctly stated, the law is clear that military service alone cannot establish eligibility for a civil service retirement annuity. An individual must complete at least five years creditable civilian service to qualify for a retirement annuity. See 5 USC 8332, 8333.

In the absence of a showing of any creditable civilian service, petitioner necessarily fails to meet his burden of establishing entitlement to a retirement annuity. Accordingly, we affirm the decision below.