Marvin L. Jarmin v. Office of Personnel Management
Background
- Appellant Marvin L. Jarmin served nearly 2 years active duty, transferred to Army Reserves on December 8, 1955, and was discharged December 31, 1961.
- He worked as a civilian at the Department of Agriculture from 1965 until retirement under CSRS on September 30, 1986.
- In 2012 Jarmin sought correction of military records and asked OPM to credit his reserve service (1955–1961) as active military service for CSRS annuity computation.
- OPM denied credit, stating only active duty service is creditable; its denial was affirmed on reconsideration and by an MSPB administrative judge.
- Jarmin argued his reserve duties included disaster relief (claimed active service) and pointed to a discharge certificate dated December 31, 1961; he submitted no evidence showing full‑time active duty during the reserve period.
- The Board denied review, holding Jarmin failed to prove his reserve time was creditable active duty under CSRS and affirmed the initial decision.
Issues
| Issue | Jarmin's Argument | OPM's Argument | Held |
|---|---|---|---|
| Whether reserve service (Dec 8, 1955–Dec 31, 1961) counts as "active military service" for CSRS credit | Jarmin: Reserve was active duty because he was routinely "called out" for disaster relief and discharge certificate shows service through 12/31/1961 | OPM: Only full‑time active duty (time when military controls all efforts and pay/allowances apply) is creditable; reserve periods absent activation are not active duty | Held: Jarmin failed to show his reserve service was full‑time active duty; credit denied |
| Whether administrative judge erred in adjudicating without OPM evidence (sanction issues) | Jarmin: Proceeding should be decided on merits with available file | OPM: (Did not timely respond to orders) | Held: Judge sanctioned OPM but reasonably proceeded on merits given appellant’s comprehensive file; no reversible error |
| Whether OPM relied on incomplete facts when computing annuity | Jarmin: OPM had incomplete/misdated facts | OPM: Relied on appellant’s verified Official Personnel Folder records | Held: OPM relied on proper verified records; no error shown |
| Whether discharge certificate alone proves active duty status | Jarmin: Certificate date proves active duty through 12/31/1961 | OPM: Certificate does not specify active duty as defined by statute/regulation | Held: Certificate alone insufficient to establish active duty under CSRS rules |
Key Cases Cited
- Dambrava v. Office of Personnel Management, 466 F.3d 1061 (Fed. Cir. 2006) (defines scope of creditable military service under CSRS)
- Moore v. Department of Veterans Affairs, 109 M.S.P.R. 386 (M.S.P.B. 2008) (discusses Handbook definition of active military service and reserve activation)
- Thomas v. Office of Personnel Management, 107 M.S.P.R. 334 (M.S.P.B. 2007) (plaintiff bears burden to demonstrate entitlement to retirement credit)
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (timeliness rules for appeals to the Federal Circuit)