Decision  Mongtgomery v. State Bd. of Ret., CR-25-0479

Date:	12/12/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0479

• Petitioner: Bradley Montgomery
• Respondent: State Board of Retirement
• Administrative Magistrate: Kenneth J. Forton

Order of Dismissal

Petitioner is seeking to purchase retirement credit for his military service under G.L. c. 32, § 4(1)(h).  Petitioner’s service was for “active duty for training purposes” in the Army National Guard.

On November 17, 2025, Petitioner was ordered to show cause no later than December 5, 2025 why this appeal should not be dismissed for failure to state a claim upon which relief may be granted.  I explained to him that the opportunity to purchase service under § 4(1)(h) is available only to “veterans” as defined in the retirement statute.  A “veteran” was engaged in “active service in the armed forces,” which specifically excludes active duty for training purposes in the National Guard.  G.L. c. 32, § 1; G.L. c. 4, § 7.

I explained that failing to respond to the Order to Show Cause would result in the dismissal of his appeal.  The Petitioner failed to respond to the Order to Show Cause.  Accordingly, this matter is hereby DISMISSED.

Dated: December 12, 2025                            

/s/ Kenneth J. Forton
___________________________
Kenneth J. Forton
Administrative Magistrate

Notice sent to:  
Bradley Montgomery
Alison K. Eggers, Esq.