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Appealed from: Merit Systems Protection Board

Louis D. Hall appeals the decision of the Merit Systems Protection Board (“MSPB” or “Board”), denying law enforcement officer service credit for his duties as a Canine Enforcement Officer. Hall v. Dep’t of the Treasury, No. DA-0831-98-0507-I-1 (Sept. 29, 1999). Because the Board’s factual determinations are supported by substantial evidence and its legal conclusions are not arbitrary, capricious, or an abuse of discretion, and are otherwise in accordance with law, we affirm the Board’s denial of service credit for the period at issue in this appeal. However, because the Department of the Treasury (“Treasury”) waived its right to request limitation of the time period for which the Board may review Hall’s entitlement to service credit, we hold that the Board erred in restricting the time period at issue in Hall’s appeal. Thus, we reverse that portion of the decision and remand for a determination of whether Hall’s previous duties qualify for the service credit he requests.

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