Expert's View

Here’s a question that comes up all the time. Can an employee get credit for time spent at one of the armed forces academies in determining his leave accrual rate? Well, there are two answers to that question.

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If you aren’t a military retiree, i.e., receiving military retired pay, not reserve retired pay, academy service time would count toward setting your leave accrual rate.

If you are a military retiree, you aren’t eligible to have military academy time (or any other active duty time) credited towards leave accrual, unless the service falls under one of the conditions listed in 5 USC 6303(a). And here I quote:

(A) [military] 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. . . .’

So there you have it. If you attended a military academy, are not retired from active duty, and haven’t received credit for that time when setting your leave accrual rate, you need to visit your personnel office and wise them up. And if you are retired from active duty, attended one of the academies, meet one of the conditions listed above, and haven’t gotten credit, you need to do the same.