By Reg Jones
January 30th, 2012 | Uncategorized
Q. My Civilian Personnel Activity Center office is questioning whether my service academy time is creditable toward my service computation date based on the fact that my type of separation (dismissal) and character of service (not applicable). My discharge is not honorable or dishonorable, but I didn’t think it mattered for service academy time because I wasn’t commissioned yet. Any documentation to show my CPAC office would be much appreciated.
A. Section 1115 of the National Defense Authorization Act of 2008 explicitly made academy time creditable for retirement purposes and should be included when setting that service computation date. Although not specifically included in the Act, according to OPM, the fact that academy time is creditable for retirement purposes also makes it creditable for leave accrual purposes.
Bill Marsh Says:
February 7th, 2012 at 9:48 am
You may have a problem if the service is not characterized as ‘honorable’.
Title 5, Part III, Subpart G, Chapter 83, subchapter III, para 8331(13) “military service” means honorable active service – (A) in the armed forces … (C) … and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a Midshipman at the United States Naval Academy.”
I think they can make the case that, since your service is not characterized as ‘honorable’, it cannot be counted towards leave accrual.
J Kestermann Says:
February 22nd, 2012 at 9:26 am
Service academy time is creditable for leave accrual purposes, EXCEPT for most military retirees. It doesn’t make sense, because Academy time is not credited toward military retirement pay, but that’s the way it is currently written.
5 U.S.C. 6303 (a)-
“. . . In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military service only if–
(A) his retirement was based on disability–
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 1101 of title 38;
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. . . .”