Enlisted Retirement credit for the academy?

[MemberLG]

Correction

Guard technicans can qualify for two retirements - military (National Guard) and civilian (federal, FERS)

[cooneymike]

I guess I'm hearing a bunch of stuff here but am still not sure if anyone has run into my situation.

Academy time does count as good years towards retirement if you are or revert to enlisted. I know that is a surprise to most people as we were told it doesn't count, but it is and has even been addressed here in the forums elsewhere.

Obviously academy time doesn't count for graduates, see 10USC971 among other things. Besides, everyone gets hammered with this all four years, and it makes sense.

The problem I crashed into is what if one reverts to an enlisted status, gains the credits towards retirement, but years later gets commissioned? My SJA says the years count and points to court cases, the G1 says it doesn't and points to NGR 680-2 among other things. The two are arguing with each other but four years and 1400 points of my retirement hang in that discussion.

I'm guessing no one else has seen anything like this before.

[DRod_Riguez]

I was wondering if you ever found an answer to your issue...

I have a similar situation: I started my military service in the Coast Guard Reserve. I was then offered an appointment to the Academy. After 9/11, I resigned at the end of my third class year to Enlist in the Marine Corps Infantry. After an enlistment, I left the service to pursue a degree. I have recently obtain a commission with the Navy Reserve (Civil Engineer Corps).

Pretty much wondering what to expect as far as retirement points and time of service for the purpose of pay.

[cooneymike]

Pull your retirement summary and see how they are coding you, right away. The law seems to say getting a subsequent commission shouldn't invalidate your points but the plain language of 10 USC 971 works against you. What will happen is you will get blind sided very late in your career - maybe even after 20 good years as has happened to me (so far). If you have the points make an appointment with the JAG (yeah, its not easy to do for a reserve guy) and use the attorney client priv to keep him from under cutting you. If you contact me via email (cooneymike@hotmail.com) I will give you the legal memos and such to help him justify the position you want. You want to be proactive. Quietly getting what you want and hoping folks won't notice in my case wasn't a good strategy. I know people it is working for though.

[mustang10]

Before graduation from USAFA the personnel folks created a new pay-date for me due to the fact that my Academy time counts as inactive reserve time after I graduated. I have a first day of enlistment, a pay-date, and a commissioning date which are all different. The pay date is an administrator created date that gives me the correct amount of time in service. The computers don't like breaks in active service when calculating base pay. Basically, for a commissioned officer service academy time seems to count as inactive reserve time. The prep-school time still counts as active duty time because the prep students are not yet cadets like those who have started the four year program.

[DRod_Riguez]

Originally Posted by mustang10

Before graduation from USAFA the personnel folks created a new pay-date for me due to the fact that my Academy time counts as inactive reserve time after I graduated. I have a first day of enlistment, a pay-date, and a commissioning date which are all different. The pay date is an administrator created date that gives me the correct amount of time in service. The computers don't like breaks in active service when calculating base pay. Basically, for a commissioned officer service academy time seems to count as inactive reserve time. The prep-school time still counts as active duty time because the prep students are not yet cadets like those who have started the four year program.

Yes, there are TWO items I am trying to square away. One is Years of Service for the Purpose of Pay and the most important one is Years of Service for the Purpose of Retirement, which are not always the same.