Hi all,
Quick background. I enlisted in the Navy in 2001, was accepted to the Naval Academy and went after attending the Naval Academy prep school, entered the Naval Academy June 30, 2004, and graduated from the Academy March 23, 2008 and have been an active officer since.
I currently receive active duty credit for my enlisted time and the 10 months spent at prep school.
The question is--Does the time spent at the Academy count for pay purposes?
According to DoD 7000.14R Volume 7A - Military Pay Policy Active and Reserve, paragraph 010101.4.d
-Service as a cadet or midshipman at a military academy is always creditable service for an enlisted member. See Table 1-1 to determine whether such service is creditable for commissioned and warrant officers.
and according to Table 1.1 it is countable too because
a. I am a prior enlisted Officer who attend a service academy
b. I joined after June 25, 1956
c. My contract was terminated with a DD214 the day before I entered the Academy
However, I found 10 U.S.C. - Service Credit: Officers may not count service performed while serving as cadet or midshipman, specifically,
(b) PROHIBITION ON COUNTING SERVICE AS A
CADET OR MIDSHIPMAN.—In computing length of
service for any purpose, service as a cadet or
midshipman may not be credited to any of the
following officers:
(1) An officer of the Navy or Marine Corps.
(2) A commissioned officer of the Army or
Air Force.
(3) An officer of the Coast Guard.
(4) An officer in the Commissioned Corps of
the Public Health Service.
I guess one question is, Does "service" as stated in 10 U.S.C. also include time for pay purposes?
I went to PSD and they agreed with me that the time at the Academy does count and changed my Pay Entry Base Date to count all of my time at the Academy, but I'm not so sure the individual didnt just agree with me to get me out of his office... and I do not want to get back paid for the difference only to find it was right the first time.
Has anyone else gone through this or know the answer?
Quick background. I enlisted in the Navy in 2001, was accepted to the Naval Academy and went after attending the Naval Academy prep school, entered the Naval Academy June 30, 2004, and graduated from the Academy March 23, 2008 and have been an active officer since.
I currently receive active duty credit for my enlisted time and the 10 months spent at prep school.
The question is--Does the time spent at the Academy count for pay purposes?
According to DoD 7000.14R Volume 7A - Military Pay Policy Active and Reserve, paragraph 010101.4.d
-Service as a cadet or midshipman at a military academy is always creditable service for an enlisted member. See Table 1-1 to determine whether such service is creditable for commissioned and warrant officers.
and according to Table 1.1 it is countable too because
a. I am a prior enlisted Officer who attend a service academy
b. I joined after June 25, 1956
c. My contract was terminated with a DD214 the day before I entered the Academy
However, I found 10 U.S.C. - Service Credit: Officers may not count service performed while serving as cadet or midshipman, specifically,
(b) PROHIBITION ON COUNTING SERVICE AS A
CADET OR MIDSHIPMAN.—In computing length of
service for any purpose, service as a cadet or
midshipman may not be credited to any of the
following officers:
(1) An officer of the Navy or Marine Corps.
(2) A commissioned officer of the Army or
Air Force.
(3) An officer of the Coast Guard.
(4) An officer in the Commissioned Corps of
the Public Health Service.
I guess one question is, Does "service" as stated in 10 U.S.C. also include time for pay purposes?
I went to PSD and they agreed with me that the time at the Academy does count and changed my Pay Entry Base Date to count all of my time at the Academy, but I'm not so sure the individual didnt just agree with me to get me out of his office... and I do not want to get back paid for the difference only to find it was right the first time.
Has anyone else gone through this or know the answer?