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DOWLING v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3040.

393 F.3d 1260 (2004)

Edward J. DOWLING, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

December 22, 2004.

Attorney(s) appearing for the Case

William Lafferty, Lafferty & Lafferty, of Burlington, Massachusetts for petitioner.

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.

Before RADER, DYK, and PROST, Circuit Judges.

PROST, Circuit J.

The petitioner, Edward Dowling, asks this court to review the final decision of the Merit Systems Protection Board ("the Board") granting the appeal of the Office of Personnel Management ("OPM") and rejecting his request that his active duty military service be counted towards his Civil Service Retirement System ("CSRS") retirement annuity. Dowling v. Office of Pers. Mgmt., 94 M.S.P.R. 127 (2003). Because the Board's decision was not arbitrary...

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